Dear All,
I would like to clarify about ESI exceed limitation. if an employee is getting wages for Rs. 16,000 and we are deducting ESI for 15,000. In this case, the employer is under any risk or under any violation of law???
Thanks & Regards,
Rajashree. R
From India, Bangalore
I would like to clarify about ESI exceed limitation. if an employee is getting wages for Rs. 16,000 and we are deducting ESI for 15,000. In this case, the employer is under any risk or under any violation of law???
Thanks & Regards,
Rajashree. R
From India, Bangalore
1. Please ensure that difference of Rs.1000/- (16000-15000) as per example mentioned by you in actual is not Overtime. On OT contribution is required to be paid even if the total wages exceed to Rs. 15000/-.
2. If the amount of Rs.16000/- is exact "wages" without any element of Overtime, then the employer should not cover such employee under ESI Act, 1948 right from the first month of next contribution period(from which wages exceeded to coverable limit).
3. Even if the employer will deduct the contribution and show the employee as covered under said Act making him eligible for benefits under said Act, then it is erroneous coverage of an employee and in the event of any payment of wrongful benefit including medical benefit, it will be false statement at the level of employer and will result into prosecution of such employer under section 84 of said Act. From above Act, kindly see the extent of such punishment.
From India, Noida
9212. If the amount of Rs.16000/- is exact "wages" without any element of Overtime, then the employer should not cover such employee under ESI Act, 1948 right from the first month of next contribution period(from which wages exceeded to coverable limit).
3. Even if the employer will deduct the contribution and show the employee as covered under said Act making him eligible for benefits under said Act, then it is erroneous coverage of an employee and in the event of any payment of wrongful benefit including medical benefit, it will be false statement at the level of employer and will result into prosecution of such employer under section 84 of said Act. From above Act, kindly see the extent of such punishment.
From India, Noida
Sir,
I will also add that in the matters of erroneous or wrong coverage of any employee under ESI Act, 1948 the benefits so paid and received by the employee or his dependants are also required to be recovered or recoverable by ESIC including the value of any medical benefit. The concerned employee can also be prosecuted under provisions of said Act as mentioned in my earlier remarks.
From India, Noida
I will also add that in the matters of erroneous or wrong coverage of any employee under ESI Act, 1948 the benefits so paid and received by the employee or his dependants are also required to be recovered or recoverable by ESIC including the value of any medical benefit. The concerned employee can also be prosecuted under provisions of said Act as mentioned in my earlier remarks.
From India, Noida
Please give the details with limit of PF / ESIC / GRATUITY / BONUS / PENSION / LABOUR LAW / MINIMUM WAGES ACT / INDUSTRIAL DISPUTE ACT / FACTORY LAW with formula in excel sheet .
From India, Kolkata
From India, Kolkata
Dear All, Want to know about PF & ESIC current calculation in details with example.
From India, Kolkata
From India, Kolkata
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NOTICE GO 4 ESI LIMIT 15000[1].pdf