Hello Everybody,
I'm working as Manager HR in a Boutique Hotel(A 5 Star property), which is registered under Shops & Commerecial Establishments Act. Other then regular employees (for whom we have got the ESI Smart Cards made), we also hire some daily labour for construction/renovation work. These are not hired through any contractor, but their ESI etc is duly deducted and deposited in the bank. My query is that how can these casual labour be registered in the absence of any contractors and in case of any medical emergency, how do these casual labour avail of ESI facilities?
From India, Delhi
I'm working as Manager HR in a Boutique Hotel(A 5 Star property), which is registered under Shops & Commerecial Establishments Act. Other then regular employees (for whom we have got the ESI Smart Cards made), we also hire some daily labour for construction/renovation work. These are not hired through any contractor, but their ESI etc is duly deducted and deposited in the bank. My query is that how can these casual labour be registered in the absence of any contractors and in case of any medical emergency, how do these casual labour avail of ESI facilities?
From India, Delhi
You can bring them under your ESI Code by sending declaration forms.They will get Insurance numbers and Id cards (smart cards also) and will be eligible for all benefits as per the Act. Since they are casual employees their names will not appear in your pay roll. Therefore, separate challans will have to be prepared for remitting their ESI amounts. In the Half Yearly returns also you can show them separately.
Regards,
Madhu.T.K
From India, Kannur
4193Regards,
Madhu.T.K
From India, Kannur
Respected Mr. Madhu, During the filling up ESIC online declaration form there is 2 option whether is it through contractor or direct.Then what option we can choose.Pls update us.
From India, Jhajjar
From India, Jhajjar
They are direct employees and not contract employees. Therefore, fill the status as directly employed. It does not mean that they are regular employees and by showing them as direct employees they will not come under your pay roll.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Hello, I now became a member of this community here and I would love to be a part of it. Just enjoy the environment here.
From Vietnam, Hai Phong
From Vietnam, Hai Phong
Dear group member,
the frist thing is that u can not hire contract labour ( for more than 20 days) without a contractor & he must have a licence as per CLR&A Act.
if u r hiring contract labour through contractor even then u can deposit their cotribution on principal employer ESI A/C, by mentioning in the challan which activity is carried on (EX. cleaning and sweaping job).
If u r not going to hav any contractor then here WCA may be applicable rather than ESI if work is not perennial in nature.
hope this will useful for u.
Regards
Trapti Sachan
From India, Calcutta
the frist thing is that u can not hire contract labour ( for more than 20 days) without a contractor & he must have a licence as per CLR&A Act.
if u r hiring contract labour through contractor even then u can deposit their cotribution on principal employer ESI A/C, by mentioning in the challan which activity is carried on (EX. cleaning and sweaping job).
If u r not going to hav any contractor then here WCA may be applicable rather than ESI if work is not perennial in nature.
hope this will useful for u.
Regards
Trapti Sachan
From India, Calcutta
Hey I want to ask if these casual labours would leave the premises after some period then..?? What would be the situation??
From India, Ludhiana
From India, Ludhiana
Simple, when the casuals leave, stop paying contributions and reflect it in the returns. If in respect of them sufficient contributions (78 days ) have been paid in the contribution period, they will continue to get the benefits during the benefit period till the benefit period ends. They can also continue with the contribution with another employer where they join after leaving your establishment.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
i want a clarification in this thread.i engage some people
for preparation of food, sweets, cleaning, servicing and any
other related work and they are not regular and i engage
who are available at the time of my requirement. they will
come and work for 8 to 10 days a month and in almost all
the cases no one work more than 50 days in an year. they
will be paid a good amount say 700 to 2000 depending up on
their skill or specialization in their field. if a
casual employee work for 10 days he will get 7000 (for example)
and his monthly salary crosses 15000 that is above esi and pf limit
in this case whether we have to deduct esi and pf ?
if the reply yes or no please clarify why it is so
From India, Coimbatore
for preparation of food, sweets, cleaning, servicing and any
other related work and they are not regular and i engage
who are available at the time of my requirement. they will
come and work for 8 to 10 days a month and in almost all
the cases no one work more than 50 days in an year. they
will be paid a good amount say 700 to 2000 depending up on
their skill or specialization in their field. if a
casual employee work for 10 days he will get 7000 (for example)
and his monthly salary crosses 15000 that is above esi and pf limit
in this case whether we have to deduct esi and pf ?
if the reply yes or no please clarify why it is so
From India, Coimbatore
In such cases the coverage will be decided by the notional wages (the wages that the employee would have earned had he been employed for the entire month, ie, daily wage multiplied by 26). Since the notional wages is more than Rs 15000, you can exclude such employees from ESI coverage. From ESIC there is a specific notification inn this regard, however, PF has not come up with any such notification.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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The Tamil Nadu Contract Labour (Regulation And Abolition) Rules And Enhancement Of Registration .pdf