We are one of the Telecom service provider company engaged in Installation and Commissioning works in Andhra Pradesh. We have insured all our employees under ESIC Act.
Our customers like Ericsson, Vodafone, Nokia, Idea etc., will, on day to day basis, allot installation works at deferent sites spread over entire state of Andhra Pradesh and the work is at the Cell Phone sites. For discharging these works, our employees need to travel extensively from Hyderabad and Place (Site) to Place (Site).
We would like to request you to clarify whether the ESIC Insurance coverage will be applicable to employees when an accident occurs while they are traveling to deferent places (Sites). You are requested to note that traveling is a part of the work done by all our employees.
Kindly arrange to communicate the above clarification to us at the earliest.
I have certain questions... if i anyone can help me on this..
1) Does drivers hired for staff transportation are covered under WC Policy.
2) What is the rule under which Security Guards in the company comes under......is there any law related to this.
3) what are the Zones under which any MIDC area is divided?
I would like to know that if we have total employee strength of 95 nos. and out of 95nos. only 10 nos. are getting salary below 15,000/-.
Do we have to take ESI registrationfor 10 employees or we are exempted, as I was given to understand that we need to have 20 employees falling below the limit of 15,000/- we need to register.
Dear Mr Bharani Kumar
Accident related benefit, by way of
Death benefit (Pension) and disability pension is available in case of any accident while on duty travel any where. When employee are send on such duty, please have some record like inernal order requiring him to go on duty, ensure he is given normal travelling and daily allowance etc as per company rule and preferably ensure that he has the identity card of his company and the order or company requiring to do this duty or any other paper such as installation report etc. In case of all serious accident file FIR in the nearest Police Station. If he is allowed to travel in his own vehicle for which Travelling allowance is paid, record this in the internal order/memo etc. In case of any accident on duty, submit accident report in form and if form is not available by a plain paper report, followed by the form 16 to nearest Branch Office of ESIC. For treatment in any hospital, including private hospital in such emergency, submit all bills and claim the expences seperately. If he has to take leave, on recommendation of any doctor in such emergency, submit such certificte seperately for leave benefit, which is higher rate for accident. Hence, in such case he will get disability pension or death benefit in case of death by way of life long pension, leave benefit during treatment, reimbursement of medical expences even in p rivate hospital in case of emergency treatment and additional the funeral benefit. Advice all employees accordingly.
O Abdul Hameed
Formerly Additional Commissioner
Till recently only the number of employees drawing wage of prescribed limit or above was required to be counted for deciding coverage due to SC judgement in Suri Case. But the ESI act has been amended this year ( applicable from April or so) by which all employees, irrespective of the wage, need to be taken into account for deciding coverage (10 in case of manufacgturing units and 20 for Shops, transport, news papeer establisment etc.)
O. Abdul Hameed
Formerly Addl.Commissioner ESIC
Drivers are also to be covered for WC policy. In any case in case of any accident, claim under Wokmens Compensation will have to be setteled by Employer directly if no policy is taken. If you are covered under ESI scheme, then WC act will not apply and all compensation for accident, disability, death, sickness etc will be paid by ESI Crporation. Security guards are also to be covered under all labour laws if they are working in your premises or you should ensure that the agency providing the guards are covered under EPF, ESI, etc and are paying minimum wage.
In other words you can not avoid the labour law and social security protection to employees working inside your premises mereby because they are engaged through a contractor.
O. Abdul Hameed
Formerly Addl.Commissioner ESIC
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