Hi I am new to this forum, is it neccassary to make ESI for casual labours and trainees? if not is there any option to get medical treatment to these workers? Please clarify me
From India, Madras
From India, Madras
Pls find attached some material on the said subject,,, the same might be useful,,,
From India, Coimbatore
733From India, Coimbatore
Please find the links, which might give you some information,,,
#84569
https://www.citehr.com/search_new.ph...nees&submit=Go
From India, Coimbatore
#84569
https://www.citehr.com/search_new.ph...nees&submit=Go
From India, Coimbatore
Dear Friend
ESI is usually paid to permanent staff. Trainee if is on stipend then you need not to pay ESI same with case with daily worker.
if some body has completed 240 days as temporary worker then he is entitled for all ESI coverage
law is same as for other staff. Employer contribution 4.75 % of gross salary and employee contribution 1.75% of gross salary
Shweta Bharti
From India, Gurgaon
ESI is usually paid to permanent staff. Trainee if is on stipend then you need not to pay ESI same with case with daily worker.
if some body has completed 240 days as temporary worker then he is entitled for all ESI coverage
law is same as for other staff. Employer contribution 4.75 % of gross salary and employee contribution 1.75% of gross salary
Shweta Bharti
From India, Gurgaon
Hi Marimuthu
If your Industry is covered under the ESI Act, then it is mandatory for you to extend the ESI Benefits to your employees receiving wages, not exceeding Rs 10000, as defined under the ESI Act , irrespective of their nature of appointment, permanent / temporary and irrespective of their service tenure.
Also note that if the workmen is engaged thru Contractors then also it is the responsibility of the Principal Employer to ensure that they get the benefits as laid down under the scheme.
Sorry Swetha, to differ from your views on the same.
Thanks
Abhisek Majumdar
From India, Bangalore
If your Industry is covered under the ESI Act, then it is mandatory for you to extend the ESI Benefits to your employees receiving wages, not exceeding Rs 10000, as defined under the ESI Act , irrespective of their nature of appointment, permanent / temporary and irrespective of their service tenure.
Also note that if the workmen is engaged thru Contractors then also it is the responsibility of the Principal Employer to ensure that they get the benefits as laid down under the scheme.
Sorry Swetha, to differ from your views on the same.
Thanks
Abhisek Majumdar
From India, Bangalore
Abhishek
I think I am of the view of Shweta (as for as Trainees are concerned), for Trainees we give stipend and ESI is not applicable. the only issue is that we should make sure that the training period is well within the stipulated statutory slab, it cannot be indefinite.
for casual labourers Shweta's message is news, I would appreciate if members can share some more ideas preferably with references
Dinesh
I think I am of the view of Shweta (as for as Trainees are concerned), for Trainees we give stipend and ESI is not applicable. the only issue is that we should make sure that the training period is well within the stipulated statutory slab, it cannot be indefinite.
for casual labourers Shweta's message is news, I would appreciate if members can share some more ideas preferably with references
Dinesh
Hi Dinesh
Pls note that ...
Section 2(9) of the Act, includes apprentices in the definition of employee except those appointed either under Apprentices Act, 1961 or under standing orders.
If the apprentices were appointed by the employer for providing training under the aforesaid two Acts, they will be excluded from the definition of ‘employee’ under the Act and the apprentices, other than those above two categories, are included in the definition of ‘employee’.
However, even in respect of the above two exempted categories of Apprentices, if they are engaged in actually performing the work of the establishment and are paid wages for the same, the Court can lift the veil to ascertain their real status as trainees and if it finds that they are engaged in the activities of the establishments as regular employees, the establishment concerned may be compelled to pay the contributions.
Therefore the liability of the employer depends upon the facts of each case.
Please refer to the cases of Andhra Pradesh Pvt. Ltd. v. Employees State Insurance Act., 1996 II LLJ 359 and Bala Saraswathi Motor Works v. Employees State Insurance Act., 1970 II LLJ 504 (Mad.HC)
Thanks
Abhisek
From India, Bangalore
Pls note that ...
Section 2(9) of the Act, includes apprentices in the definition of employee except those appointed either under Apprentices Act, 1961 or under standing orders.
If the apprentices were appointed by the employer for providing training under the aforesaid two Acts, they will be excluded from the definition of ‘employee’ under the Act and the apprentices, other than those above two categories, are included in the definition of ‘employee’.
However, even in respect of the above two exempted categories of Apprentices, if they are engaged in actually performing the work of the establishment and are paid wages for the same, the Court can lift the veil to ascertain their real status as trainees and if it finds that they are engaged in the activities of the establishments as regular employees, the establishment concerned may be compelled to pay the contributions.
Therefore the liability of the employer depends upon the facts of each case.
Please refer to the cases of Andhra Pradesh Pvt. Ltd. v. Employees State Insurance Act., 1996 II LLJ 359 and Bala Saraswathi Motor Works v. Employees State Insurance Act., 1970 II LLJ 504 (Mad.HC)
Thanks
Abhisek
From India, Bangalore
Hi Mr.Mohamed
Really a good information on ESI you have given. I have one doubt. Will you please clarify?
It is heard that as per the Information technology & telecommunication policy 2005-2010 and GO.Ms.No.11 dated 21-03-2005 of Govt.AP, IT/ITES industries are exempted from the ESI Act 1948. Is it true?
giri
From India, Nellore
Really a good information on ESI you have given. I have one doubt. Will you please clarify?
It is heard that as per the Information technology & telecommunication policy 2005-2010 and GO.Ms.No.11 dated 21-03-2005 of Govt.AP, IT/ITES industries are exempted from the ESI Act 1948. Is it true?
giri
From India, Nellore
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ESI contribution rates lowering.pdf