Esi Inspection - Items In ESI Payable List. Is It Justifiable? - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Vltreddy999
Hr , Ir And Legal Matters
Lakshmi Sankar B
Manager - Personnel
Vjhareesh
Hr Manager
+6 Others

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Dear All
We are facing ESI Inspection. The inspector has calculated agricultural expences, loading & unloading charges, maintenance of garden expences etc in the ESI payable list. Is it justifiable? Can we challenge in ESI Court?
Regards
Hareesh

Loading & unloading and maintenance of garden expenses will attract......in case it involves any laobour wages, if any.
Regarding agricultural expenses .........the issue should dealt as per the contents of the case......as mere by head we can not presume the liability.......
With regards

It is depended upon in which head you shown in account books
What the inspector has pointed out is correct. The only way you could have come out of this liability, and still can, is by producing proof that the loading/unloading, agricultural expenses etc. you have mentioned were already covered by the their respective employers. I presume that you hired contract labour here.
Contributions on loading and unloading charges as well as agriculture expenses are payable under ESI Act provided the work is done in factory/establishment premises or in connection with the work relating to such factory/establishment. In case, the work is done outside or in non-implemented areas (where ESI scheme is not implemented), in my opinion, no contribution will be payable.
Dear Sir,
ESIC act 1948- sec 2(9) employee defined. need to more careful while booking the head of account in balance sheet. or we have to deduct ESIC for even one day wages also from contract workers and pay to to esic. now you can justify and close the issue that the workmen were excluded and drawn more 15,000/- pm .

Dear All,
It's all depending on how we are accounting the expenses.As far as ESI inspectors are concern, they grab more information from the balance sheet only. so, the accountants should take care while they are writing the narration of accounts. Even if the contract labours worked under our supervision, then we are liable to pay.
Ravi

loading / unloading / agriculture & maint. of garden is ESI deductable . In the case of Maint exp , the whole amount should not be ESI deductable amount. They can assume that 15% to 20% of the total maint amount is involved with labour expenses & they can deduct ESI expenses on that amount only....What I am saying is based on the logic and past record on inspection..
Reg : Kamal Datta

As per the ESI Act ,Esic payable on All the wages paid for any type of labour works in the permises or outside the permises.But as per my knowledge ,the work has done within your permises and through your employees then ESIC is not payable and If these labour works done outside your permises and you have gate pass or entry of the materials at gate then you are not eligible for Esic payable.But First you should ensure from your accounts deptt.because according to their bills the liability of accounts deptt.to deduct the Esic and TDS for every jobwork or labour work from the bills and after that the bill should be pay.
Regards
Shamsher

Respected All Seniors,
I am working in small scale Industry, my question is that we have one job work pending esic inspection from last 2011 due to our record in ceased in excise department, we have already took the extended dates from the esic department , but the basic reason is the rate of interst is going on from last 3 years which is very unbearable to company. now the inspection is near to be in few days, now how should we deals with them. just guide me
thnks
anil


This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™