Electronics retail shop never had more than 10 employees ever. It pays esi/pf to all of us. Now when I resigned after working 5 years 1.5 months and ask for FnF, I am just being given leave encashment and says gratuity not applicable.
From India, Bengaluru
1From India, Bengaluru
The contention of the employer is correct as the shop is not covered by the PG Act,1972 because of the admitted fact that the total no of employees has been always less than 10.
The voluntary coverage of ESI and EPF Acts cannot be a valid reason for the automatic application of any other similar welfare legislation.
From India, Salem
The voluntary coverage of ESI and EPF Acts cannot be a valid reason for the automatic application of any other similar welfare legislation.
From India, Salem
Yes, i agree that employees are less than 10 from the beginning to what I enquired, but how then can the shop have esi? I thought it was not possible to have esi with such less employees.
From India, Bengaluru
From India, Bengaluru
Mr.Anonymous,
10 employees for ESI coverage and 20 employees for PF coverage are the statutory part only.
It does not mean that Shops/Establishment should not cover ESI or PF with less than the stipulated number of employees.
As your Shop is already covered its employees for PF/ESI, you may consider this
as a gesture of social security measure on the part of your Shop owner, for his employees.
From India, Aizawl
10 employees for ESI coverage and 20 employees for PF coverage are the statutory part only.
It does not mean that Shops/Establishment should not cover ESI or PF with less than the stipulated number of employees.
As your Shop is already covered its employees for PF/ESI, you may consider this
as a gesture of social security measure on the part of your Shop owner, for his employees.
From India, Aizawl
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf