Dear Seniors,
Greetings of the day!!
I had a query, we have a multiplex (Cinema) in Rajasthan, that is covered under PF and ESIC both. Now we have employed 3 contracted labours through an agency which provided us labour for cinema operation. The agency is not covered under ESIC so far as its not having 10 employees.
In this case whether, said contract labour required to be covered under ESIC or not. Is there any liability as principle employer till contractor not having 10 employees. Kindly suggest.
From India, Ghaziabad
1Greetings of the day!!
I had a query, we have a multiplex (Cinema) in Rajasthan, that is covered under PF and ESIC both. Now we have employed 3 contracted labours through an agency which provided us labour for cinema operation. The agency is not covered under ESIC so far as its not having 10 employees.
In this case whether, said contract labour required to be covered under ESIC or not. Is there any liability as principle employer till contractor not having 10 employees. Kindly suggest.
From India, Ghaziabad
Hi Rajesh,
As far as the coverage of contract employer is concern this workmen are not on your payrolls
also the contractor might be providing you 10 employees but the total strength of that contractor in terms of employees i am sure will be more than 20
logically it means he has to apply for ESIC code and cover all employees where ever he has contract
now coming to your Q as a principal employer in case there is an accident during the course of the employment within your premises or on outdoor duty then you would be questioned by the compliance officer as this case will go under the preview of workman's compensation act
From India, Mumbai
As far as the coverage of contract employer is concern this workmen are not on your payrolls
also the contractor might be providing you 10 employees but the total strength of that contractor in terms of employees i am sure will be more than 20
logically it means he has to apply for ESIC code and cover all employees where ever he has contract
now coming to your Q as a principal employer in case there is an accident during the course of the employment within your premises or on outdoor duty then you would be questioned by the compliance officer as this case will go under the preview of workman's compensation act
From India, Mumbai
Dear Sir,
Thanks a ton for your valuable comments, as I know The ESI Act applies to any premises/precincts, where 10 or more persons are employed. And this time our plex is covered under esic, but contractor is very new and only having pf code since he is supplying his manpower at various districts of Rajasthan but these are not esic covered areas. In Jaipur where our plex is placed contractor having only 5 employees. I need to ask as contractor need to get esic registration now itself or later on when he employs 10 workmen.
Kindly come with the suggestions.
Thanks
From India, Ghaziabad
Thanks a ton for your valuable comments, as I know The ESI Act applies to any premises/precincts, where 10 or more persons are employed. And this time our plex is covered under esic, but contractor is very new and only having pf code since he is supplying his manpower at various districts of Rajasthan but these are not esic covered areas. In Jaipur where our plex is placed contractor having only 5 employees. I need to ask as contractor need to get esic registration now itself or later on when he employs 10 workmen.
Kindly come with the suggestions.
Thanks
From India, Ghaziabad
Hi Rajesh,
like you have mentioned in ESIC there are some zone which do not fall under the ESIC applicability
in such a case at least workman's compensation procedure should be followed
you can have detailed interaction with contractor and try to find out how will he handle the case just in case there is an accident during the work premises of your plex
From India, Mumbai
like you have mentioned in ESIC there are some zone which do not fall under the ESIC applicability
in such a case at least workman's compensation procedure should be followed
you can have detailed interaction with contractor and try to find out how will he handle the case just in case there is an accident during the work premises of your plex
From India, Mumbai
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ESIC cir_for Coverage.pdf