Kindly send me ESIC Challan for the monthly contribution, if any worker's salary is increased to more than 15000 in the month of June then should we need to deduct the ESIC from his salary pls advise
From India, Mumbai
From India, Mumbai
YES, DEDUCT UP TO 30TH SEPTEMBER - Contribution period 1st April to 30th September. 1st October to 31st March Contribution period If
From India, Madurai
From India, Madurai
14
sub- ESI contribution when wage exceeds Rs 15000/-p.m
In the instant case, the employee’s wages did not exceed Rs.15,000/- p.m. on the 1st April which is the beginning of the contribution period (The contribution period is between 1st April and 30th September.). It means he is an employee at the beginning of the contribution period but his wages exceeded Rs.15000/- p. m. from June, thereby meaning that though he is an employee under the Act at the beginning of the contribution period, he ceased to be an employee from June within the meaning of the above section.
The question is whether the said employee ceased to be an employee within the meaning of Sec. 2 (9) from June onwards and the need to pay his contribution can be dispensed with.The answer to this puzzling question lies in the Proviso to Sec. 2(9). It says that an employee continues to remain as an ‘employee’ if his wages were within the limit at the beginning of the contribution period even though his wages exceed the ceiling limit (Rs.15,000/-) at any time after the beginning of the contribution period. Thus, in the instant case, the employee is eligible for disablement benefit on the basis of the explanation.
In this connection please refer to ESI Corporation v. Doddaiah & Others (Karn H.C) 2002 I LLJ 979.In this case, an employee was held not eligible for medical benefits under the Act since his wages were raised beyond the then wage limit of Rs.1,600/ p.m. (the then wage limit) on the first day of April (i.e. beginning of the contribution period).
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt Ltd.
Mumbai
From India, Mumbai
In the instant case, the employee’s wages did not exceed Rs.15,000/- p.m. on the 1st April which is the beginning of the contribution period (The contribution period is between 1st April and 30th September.). It means he is an employee at the beginning of the contribution period but his wages exceeded Rs.15000/- p. m. from June, thereby meaning that though he is an employee under the Act at the beginning of the contribution period, he ceased to be an employee from June within the meaning of the above section.
The question is whether the said employee ceased to be an employee within the meaning of Sec. 2 (9) from June onwards and the need to pay his contribution can be dispensed with.The answer to this puzzling question lies in the Proviso to Sec. 2(9). It says that an employee continues to remain as an ‘employee’ if his wages were within the limit at the beginning of the contribution period even though his wages exceed the ceiling limit (Rs.15,000/-) at any time after the beginning of the contribution period. Thus, in the instant case, the employee is eligible for disablement benefit on the basis of the explanation.
In this connection please refer to ESI Corporation v. Doddaiah & Others (Karn H.C) 2002 I LLJ 979.In this case, an employee was held not eligible for medical benefits under the Act since his wages were raised beyond the then wage limit of Rs.1,600/ p.m. (the then wage limit) on the first day of April (i.e. beginning of the contribution period).
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt Ltd.
Mumbai
From India, Mumbai
yes. u cannot stop deduction inbetween the contribution period ie., apr-sep & oct-mar even if the employee exceeds the wages ceiling of Rs.15,000/- pm
From India, Mumbai
From India, Mumbai
Subject :-my salary exceeds Rs 15000/- pm. I want continue stay in esic benifit or any cash contibute provision in esic please confirm.
From India, Delhi
From India, Delhi
i want to ask one thing, if esi is deducted after increment in salary then on which salary it’ll be deducted , on current salary or the previous one??
From India, Ambala
From India, Ambala
even I have the same query: "if esic is deducted after increment in salary then on which salary it’ll be deducted , on current salary or the previous one"??
From India, Mumbai
From India, Mumbai
Good Afternoon..Senior's,
please help for the below query related to confirmation:
"if an employee joins the company on 16th of a particular month then what will be his date of confirmation after 6 months, if its 15th or 16th, then how he will get salary on that particular month as per confirmation or on pro-rata basis"..
From India, Mumbai
please help for the below query related to confirmation:
"if an employee joins the company on 16th of a particular month then what will be his date of confirmation after 6 months, if its 15th or 16th, then how he will get salary on that particular month as per confirmation or on pro-rata basis"..
From India, Mumbai
Dear Pravin
when an employee joins on 16th of a month, he isdeemed to be in the service of the company from 16th of that month and the period of service shall be counted thus from 16th of that month(thus 16th is to be included for the purpose of computing the probation period). It being so, he will be completing the sixth month of probation on 15th of the month in which he is completing the sixth month of his servcie. Thus he stands confirmed with effect from 16th of the said month since an employee is to be confirmed only after completing the sixth month which in the instant case is 15th of the said month.
However, whether he shall be paid salary on prorta basis or monthly basis at the end of the month in which he completes the sixth month, depends up on the terms of his employment - whether he has two scales of pay i.e one for probation and the othe for post confirmation.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
Mob:09930532927
From India, Mumbai
when an employee joins on 16th of a month, he isdeemed to be in the service of the company from 16th of that month and the period of service shall be counted thus from 16th of that month(thus 16th is to be included for the purpose of computing the probation period). It being so, he will be completing the sixth month of probation on 15th of the month in which he is completing the sixth month of his servcie. Thus he stands confirmed with effect from 16th of the said month since an employee is to be confirmed only after completing the sixth month which in the instant case is 15th of the said month.
However, whether he shall be paid salary on prorta basis or monthly basis at the end of the month in which he completes the sixth month, depends up on the terms of his employment - whether he has two scales of pay i.e one for probation and the othe for post confirmation.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
Mob:09930532927
From India, Mumbai
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