Dear Sir,
I would like to clarify the misunderstanding here:
I have not presumed that we are not covered by ESIC. Infact I asked for details regarding exemption because the factory we have recently commissioned is in Uttarakhand and ESI is applicable in the region where our factory is located.
I am presently located at Valsad, Gujarat where ESIC is not applicable and I dont have much knowledge and experience regarding ESIC, hence I requested for opinions from other members.
As such my post to which you are referring is about my current location (guj) where I have to travel around 150 km to meet any ESIC official. I thank you for suggesting to correspond with ESIC authority.
However, as mentioned in my previous two posts we have decided to go for registration for ESIC and already the process for the same is initiated.
Once again I confirm the original purpose of my post:
If there is some exemption available for new manufacturing units under ESI, we would like to avail them as we would like to have some time before we achieve the break-even point and help our administration department to streamline the liaison work.
However, as there is no such exemption available, we have decided to comply to statutory requirements and apply for registration.
Hope I have cleared whatever misunderstanding was caused.
Thanks for your response and guidance again.
Regards,
Hiten
From India, New Delhi
28I would like to clarify the misunderstanding here:
I have not presumed that we are not covered by ESIC. Infact I asked for details regarding exemption because the factory we have recently commissioned is in Uttarakhand and ESI is applicable in the region where our factory is located.
I am presently located at Valsad, Gujarat where ESIC is not applicable and I dont have much knowledge and experience regarding ESIC, hence I requested for opinions from other members.
As such my post to which you are referring is about my current location (guj) where I have to travel around 150 km to meet any ESIC official. I thank you for suggesting to correspond with ESIC authority.
However, as mentioned in my previous two posts we have decided to go for registration for ESIC and already the process for the same is initiated.
Once again I confirm the original purpose of my post:
If there is some exemption available for new manufacturing units under ESI, we would like to avail them as we would like to have some time before we achieve the break-even point and help our administration department to streamline the liaison work.
However, as there is no such exemption available, we have decided to comply to statutory requirements and apply for registration.
Hope I have cleared whatever misunderstanding was caused.
Thanks for your response and guidance again.
Regards,
Hiten
From India, New Delhi
Dear Shri Hameed,
I am a retired Indian Postal Service Officer and founder-Director of a medium sized BPO in Chennai.
We induct trainees almost every month as the attrition problem is acute here. These trainees are required to undergo practical and theoritical training including hands on training for six months. However many leave in the middle.
We used to recover ESI contribution from these trainees. But a batch of trainees objected to the recovery stating they are not employees but only learners and get only training allowance and not wages. Our legal cell agreed with it and hence we stopped recovering ESI contribution from them.
Now the ESI inspector who visited our office insists that trainees arenot exempted. We pointed out to him that recently the Supreme Court has ruled in the case of EPF Mangalore and an industrial undertaking that "trainees" are not employees but are only learners and no EPF recovery can be made. In another case of TELCO vs ESI, the SC has held that apprentices/trainees are not employees and hence and no ESI contribution is to be recovered from them.
I think this is a grey area. There is no mention of the word "trainees" in any of the ESIC Act or Rules. Under the Shops & Establishment Act and Standing Orders of our Company, "trainees" are not employees.
May I solicit your considered opinion on this question.
Regards
S. Krishnamoorthy
From United States, Roslindale
I am a retired Indian Postal Service Officer and founder-Director of a medium sized BPO in Chennai.
We induct trainees almost every month as the attrition problem is acute here. These trainees are required to undergo practical and theoritical training including hands on training for six months. However many leave in the middle.
We used to recover ESI contribution from these trainees. But a batch of trainees objected to the recovery stating they are not employees but only learners and get only training allowance and not wages. Our legal cell agreed with it and hence we stopped recovering ESI contribution from them.
Now the ESI inspector who visited our office insists that trainees arenot exempted. We pointed out to him that recently the Supreme Court has ruled in the case of EPF Mangalore and an industrial undertaking that "trainees" are not employees but are only learners and no EPF recovery can be made. In another case of TELCO vs ESI, the SC has held that apprentices/trainees are not employees and hence and no ESI contribution is to be recovered from them.
I think this is a grey area. There is no mention of the word "trainees" in any of the ESIC Act or Rules. Under the Shops & Establishment Act and Standing Orders of our Company, "trainees" are not employees.
May I solicit your considered opinion on this question.
Regards
S. Krishnamoorthy
From United States, Roslindale
Hi
i am working in a pvt. Hospital. They provide free medical treatment to all employee subject to limit as per their salary, only in their hospital. If any treatment not available in the hospital then the employee has to pay for the treatment and hospital not reimburse any thing. Is that ok ? The organisation can do that or is there any law regarding it.
From India, New Delhi
i am working in a pvt. Hospital. They provide free medical treatment to all employee subject to limit as per their salary, only in their hospital. If any treatment not available in the hospital then the employee has to pay for the treatment and hospital not reimburse any thing. Is that ok ? The organisation can do that or is there any law regarding it.
From India, New Delhi
Dear Sir,
I am a manager ( accounts ) of a Nursig Home whre providing the OPD and IPD services. The Director has asked me that what a nursing home emplyees is not under covered in ESI scheme. I had got the registration code/ number also from ESI department.
Pls. clearify that a Medical Unit like a Nursing home emplyeee is fully exempted under ESI scheme.
From India, Gurgaon
I am a manager ( accounts ) of a Nursig Home whre providing the OPD and IPD services. The Director has asked me that what a nursing home emplyees is not under covered in ESI scheme. I had got the registration code/ number also from ESI department.
Pls. clearify that a Medical Unit like a Nursing home emplyeee is fully exempted under ESI scheme.
From India, Gurgaon
Dear Sir,
our employee who is working at Magdalla /Kandla/Pipava /Navlakhi /Bhavnagar /Dharmatal at Gujarat/Maharastra port & Jetty.I know that but not sure for that it is Exempted under ESIC act or not .& also exempted .so how many places are exempted in above Jetty /port.
So,Kindly confirm please.
Thanking You
Mani Soni
From India, Mumbai
our employee who is working at Magdalla /Kandla/Pipava /Navlakhi /Bhavnagar /Dharmatal at Gujarat/Maharastra port & Jetty.I know that but not sure for that it is Exempted under ESIC act or not .& also exempted .so how many places are exempted in above Jetty /port.
So,Kindly confirm please.
Thanking You
Mani Soni
From India, Mumbai
hi,
as per esi act, i doubt there is a provision for get exemption on the following components while taking gross pay as the criteria for esi eligibility:
1. Transport allowance
2. Washing allowance
3. Contributed epf / pension fund
can experts let me clarify with clear proofs that how far we can go legally while synchronizing with min wages as well as esi exemption on the above components ?
4. Is there any way for getting complete esi exemption ? What is procedure ? Ours is a hospital.
as per esi act, i doubt there is a provision for get exemption on the following components while taking gross pay as the criteria for esi eligibility:
1. Transport allowance
2. Washing allowance
3. Contributed epf / pension fund
can experts let me clarify with clear proofs that how far we can go legally while synchronizing with min wages as well as esi exemption on the above components ?
4. Is there any way for getting complete esi exemption ? What is procedure ? Ours is a hospital.
From India, Visakhapatnam
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