Madhu.T.K
Industrial Relations And Labour Laws
Pbskumar2006
General Manager-hr
Pragnaa HR Compliance Services
Pragnaa Shree Venture India Pvt. Ltd
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Gopee
Sr. Coordinator - Hr
M T GIRADDI
Executive Hr
+4 Others

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Dear All
I gopi and i am working in Infrastructure company and i am working as an Executive HR. I need your confirmation regards ESI excemption in Building and other Construction employees.
We are doing a construction project at Villupuram, Tamilnadu and i would like to know whether Building and Other Construction employees are eligible for ESI and If it is covering under ESI whether Villupuram area is execempted area or non-excempted area.
Since we engaged some supervisor and we have formatted their salary structure with ESI deduction. If ESI is not applicable we have to make amendment in their salary structure.
I will be greatful if you clarify the same.
Regards,
Gopee
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For the time being employees at site of construction companies are not covered under ESI. If the company itself have 20 or more regular employees (who sign the muster rolls of the company which is kept at the office) then only the company comes under ESI Act. On the otherhand, if the company doesnot have 20 or more regular employees but depute different persons at their different sites and payments to these employees are made at such different locations, then such employees are not covered under the ESI Act.
Regards,
Madhu.T.K
Dear Mr. Madhu
Thanks for your valuable reply. I heard through discussion that Villupuram, Tamilnadu is coming under Non-implemented area. Is it right?
Also Execemption under section 88 of ESI act is granted by the "Appropriate Government" to employees, or class of employees, who remain away from their Hqrs. for more than 7 months in a year, and those employees who are posted in non-implemented areas.
So i would like to confirm that is Villupuram in non-implemented area category and if it is how could i get official notification for the same?
Can anybody clarify and confirm the same?
Sections 87 and 88 says about exemption given to certain factories or classes of persons exempted. In fact, the ESI Act itself is implemented area wise and there are areas which are exempted from the operation of ESI Act. However, such exemption neednot be permanent but may be lifted after a time span.
Inorder to know whether Vallupuram is exempted or not you may please contact the local office of the ESIC.
Regards,
Madhu.T.K
Dear Sir
Can we get some referance for exemption of Employees on Construction Site as our Auditors are not agreeing to the same. Also what is the number of employees for a non seasonal establishement using power, and how the same is calculated. I mean if the number of employees in a company are 50 whereas those drawing salary less than 10000 are only 5, still the establishment need to get registered?
I am from Delhi.
Regards
Gaurav
A non seasonal establishment using power which employs less than 10 employees whose salary does not exceed Rs 10000 will not come under ESI. But if it was covered once, then it will continue to be covered even if only one person is drawing less than Rs 10000. However, for new a establishment which has 50 employees of which only 5 are drawing less than Rs 10000, coverage will not be there. But for coverage of provident fund, the number of employees irrespective of how many are drawing Rs 6500 and less is the criterion.
For your auditors reference I attach a circular from ESIC.
Regards,
Madhu.T.K

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Hello,
My name is Nadiga. S.K. working for construction company in Bangalore.
We are executing one construction project at the below mentioned address.
TCS IT Park,
Plot No. G – 1,
Sipcot Industrial Estate,
Siruseri, Old Mahabalipuram Road,
Kanchipuram (District), CHENNAI
Tamilnadu State
Please let me know whether above specified area is covered under ESI or not. Because I tried through many sources but unable to get the details. Also can I have a copy of notification if yes. Also I would like to have a list of ESIC areas /names covered and non-covered areas in Tamilnadu.
Regards,
NADIGA.S.K.
Re: ESI Excemption YES OR NO
Hello,
My name is Nadiga. S.K. working for construction company in Bangalore.
We are executing one construction project at the below mentioned address.
TCS IT Park,
Plot No. G – 1,
Sipcot Industrial Estate,
Siruseri, Old Mahabalipuram Road,
Kanchipuram (District), CHENNAI
Tamilnadu State
Please let me know whether above specified area is covered under ESI or not. Because I tried through many sources but unable to get the details. Also can I have a copy of notification if yes. Also I would like to have a list of ESIC areas /names covered and non-covered areas in Tamilnadu.
Regards,
This post was started in 2008! Now the construction workers engaged at sites are also covered by ESI. This happened when the members started getting medical facilities where any where basis.
Madhu.T.K
Dear Madhu ji, Greetings of the Day. With due respect to you Sir, Can I ask on what ground the construction workers engaged at sites are not covered by ESI?
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