Hi,
I am working for a company in construction business we have different sites all over india
like to know the following
We have not taken ESI even though we are under the ESI purview upto now, so can we take the work men compensation policy alone does ESI act allows you to do so
IF SO, WE HAVE TO TAKE THE POLICY FOR ALL THE EMPLOYEES OR THOSE EMPLOYEES WHO GROSS SALARY IS EQUAL OR LESS THAN 15,000/-
2) If W.C is not applicable, then what we have to do
Please let me

From India, Agra
varghesemathew
904
Now freelance consultant in Labour law/HR

Though you are covered by ESI or not you can take GPA policy Which is optional.In the absence of it you have to pay from your pocket for employment injury. Varghese Mathew 9961266966
From India, Thiruvananthapuram
Hi Mr.Varghese Mathew
Thanks for your reply, As you said that G.P.A is optional we will be taking it, but my main concern now is if ESI inspector makes a inspection in our organisation can be get out of this inspection with out any damages or penalties by showing GPA policy
Request you to clarify regarding this
Thanking You,
M.Raja Sekhar

From India, Agra
varghesemathew
904
Now freelance consultant in Labour law/HR

Only because of GPA you will not be exempted from ESI.Usually GPA is taken to take care of of accidents to those who are not getting ESI benefits either because their salary is above RS 15000/pm or the area is unimplemented one.Actually there is no law making the GPA mandatory.
VARGHESE MATHEW
9961266966

From India, Thiruvananthapuram
9871103011
454
Private Consultant on labour laws

Dear answer seeker,

Normally the ESI authorities do not insist the construction companies to be covered under ESI Act,1948 due to the peculiarities of their working and in view of the fact that they fall in the category of unorganized labour.However such construction agencies, which are employing ten or more persons in their offices and the offices are situated in implemented areas, they are required to be coverable under the Scheme except persons drawing a salary more than Rs.15000/- per month. However, it may be ensured that the criterion of 10 or more persons is applicable to such employees only who are coverable under Section 2(9) of the ESI Act.It is better for the employer to obtained workmen compensation insurance policy in respect of the employees ,who are not covered under ESI scheme for eventuality of accident in course of their employment.

With regard to your second query, it is clarified that W.C Act (now known as EC Act) is very much applicable to the construction employment as mentioned in Schedule II under EC Act.

BS Kalsi

Member since Aug 2011

From India, Mumbai
varghesemathew
904
Now freelance consultant in Labour law/HR

Vide their circular No 4/99 dtd 14.6.99 ESIC stated that construction workers at site can be exempted from coverage .But by circular dtd 3.1.11 ESIC had revisited its earlier circular and said that such woekers can be covered with the implementation of 'IT roll out any time any where'.It has directed the RD"s to conduct survey on coverage and submit report. This week the union minister of state for labour MR K Suresh had declared in Kerala the construction workers will be covered under ESI.
Varghese Mathew
9961266966

From India, Thiruvananthapuram
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