Madhu.T.K
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Jituraj15
Sarvice
Rajeev Verma
Hr Professional
Pppathak
Advocate
Puttarajum2004
Hr-executive
NIDHIRUPEREE
Hr Manager

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Dear all,
I am looking for a letter where we have to show that a particular employee of my company is exempted from ESI as his gross salary is more than 10, 000 p.m.
This letter has to be given to the client for whom this employee is working and so will be marked under the head : "TO WHOM SO EVER IT MAY CONCERN".
Kindly suggest what to mention or write in the letter.

From India, Delhi
Ditti,
Your query is not clear.
How do you define CLIENT here ????
Is it a customer?????
The letter which you are asking, to whom it will be given and by whom it will issued.?? and for what purpose it will issued..???
After these clarification, may be I can answer your query.

From India, Delhi
Hi Ditti,
Please find the format -

To Whomsoever It May Concern
This is certify that Mr. ................. has been working with us a ................... from .......... to .................... at a salary of Rs. 15,000/- per month and has been exempted from ESI coverage as per the guideline of ESI ACT (Chapter .., Sec - ...).
Thankin You
Authorised Signatory
For .......................
I hope this works for you
Regards,
Akhouri Nishant

From India, New Delhi
Rajeev,
This letter is to be issued by HR which will show that this particular employee, who is our employee and is on our payroll, is working for our client.
Now labour inspector wants to check if he falls under the ESI limit.
So i've to show to the inspector that because his gross salary is more than 10k, so is the reason he has been exempted.
I hope this is more clear now.
Please help as it is quite urgent....

From India, Delhi
Ditti,

It is very strange that a Labour Inspector is asking for such kind of information, because this authority is under the preview of ESI inspector, and it doesn't falls under the preview of the Labour Inspector, he has no authority to check the records for the ESI coverage purpose.
As during my entire career I never came across of such kind of thing.

Anyway for this type of letter there is no specific format under the Act. You have to simply make the Salary certificate of that employee. For that the type of format given by Nishant is OK. Only you can add one more thing to that is to mention the break up of all the allowance paid on monthly basis.

Like
Basic :
HRA :
Attendance All. :
Conveyance All. :
Any Other :

-----------------------------------
Total : Rs.xxxxxxxxx.xx per month
----------------------------------
Also if you like you can enclosed the Salary Slip duly acknowledged by the emplyee to that for more validity of your letter.

From India, Delhi
Thanks Rajeev,
But i need to state in writing that he does not cover under "ESI ambit".
I know its very strange and even i also have not come across any such strange thing, but it's just like that here.
Seeking for a quick response..... :)

From India, Delhi
Ditti,
Do one thing, ask from the Labour Inspector, can you please provide me the for my knowledge that under which section of which Act it is so that I can take the format there and increase my knowledge.
Morever he can always check the payslip / Salary Register and verify the same. His purpose is something different, that I am very much sure.

From India, Delhi
I presume your said employee is on deputation with one of your clients and that client wants to produce a letter to the Labour Deptt. If so, you may try the format given below.

TO WHOMSOEVER IT MAY CONCERN

This is to certify that Mr. ……………………….., has been in the roll of this establishment since (date) Pursuant to a work arrangement, presently he is working with ……(client’s name) ……

This is also to certify that he is drawing a salary of Rs…. ( Amount more than Rs 10000)…….per month excluding employer’s contribution to Provident Fund or Pension Fund or contribution payable under Employees State Insurance, any traveling allowance or value of traveling concession, any special pay, Overtime pay or gratuity payable on discharge and is not covered by Employees State Insurance by virtue of clause (b) of sub section (iii) of section 9 of the Employees State Insurance Act.
Authorised Signatory
Hope the above will help you
Regards,
Madhu.T.K

From India, Kannur
Hi Madhu, I appreciate the letter you have made but you need to mention chapter also with reference to the ESI Act. Regards, Akhouri Nishant
From India, New Delhi
Hi Ditti,
you can give a letter stating :- this is to certify that Mr. s/o or D/O mr.& mrs__________ is employeed with us from _______ till date and his current gross salary is ___________.
As per Esic act 1948, employees drawing gross salary of 10000/- and above are exempted from contribution towards ESIC ,hence he exempted from the said act.
besides the above you can also attach a copy of salary sheet of the same where in his salary is mentioned along with his signature,a copy of returns filed.
hope the above solves your purpose.
Best Regards
Kuldeep.Kalra

From India, Mumbai

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