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Is it mandatory to file monthly return for ESI even if the employer's unit has situated in ESI Non-Implemented area? - CiteHR

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T.Thirumurugan
30

Dear Sir/Madam, Please read the following note and please clarify below-mentioned doubts.

Note: Registration for EPFO & ESIC for new Public & Private Limited Companies and One Person Company has been stopped on Shram Suvidha Portal from 15.02.2020. With effect from 15.02.2020, new Public & Private Limited Companies and One Person Company shall get registration number for EPFO & ESIC on MCA portal (www.mca.qov.in through Spice+ and AGILE-PRO eforms) only at the time of incorporation. However, the above new companies will have to comply with the provisions of EPF & MP Act, 1952, and ESI Act, 1948 when they cross the threshold limit of employment under the respective Acts. New Companies registered through MCA portal w.e.f 15-02-2020 need not comply with provisions of ESI Act till they reach the threshold of ESI coverage or initial 6 months whichever is earlier.

Employees’ State Insurance Corporation Eligibility: Every establishment in which ten or more persons are employed

Please clarify the following doubts

1. Is it mandatory to file monthly return for ESI even if the employer's unit has situated in ESI Non-Implemented area.

2. Is it mandatory to file monthly return for ESI after 6 months even if employers do not have greater than or equal to ten employee strengths.

3. If the employer has only ONE employee after 6 months, Do the employer need to file an ESI monthly return for that only ONE employee after 6 months.

4. If employer files monthly return for that only ONE employee after 6 months, Is that respective employee eligible to get ESI Benefit.

5. Is the ESI eligibility criteria ten or not.

Please clarify and do the needful.

From India, Hyderabad
Glidor
628

@T Thirumurgan
ESIC does not grant codes / registrations in non implemented zones, it is the duty of employer to apply and get the reply from ESIC for their safeguard
ESIC threshold limit is 10(Ten) however to make eligibility, inspectors count the directors also. but at the time of Contribution directors are excluded
Once the Code is allotted, the ESIC portal accepts return and payment both.


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