Harsh Kumar Mehta
Consultant In Labour Laws/hr
Just Abhinav
Hr Executive At Jfpss

Hi HR Team I have recently joined a company which takes the outsourcing of accounts, employee base is 76, out of which 4 comes under ESIC, and my company has been registered under EPFO in 2005, however we are not registered under ESIC till now, 2 Days back we had a visit of ESIC inspector and asking for the various documents. Not getting registered under ESIC is not a fair practice. Please suggest me a way out to overcome this situation.
Thanks & Regards
Abhinav sidana

From India, Gurgaon
Sir, If your establishment is situated in implemented area, the same is definitely coverable under ESI Act, 1948.
From India, Noida
Thanks Harsh,
Its under the ESIC implemented area, however main concern is that my company did not registered itself under ESIC and our Existence is from past 10 Years, and the these 4 employees are working from the day of commencement of our company.
please let me know about the consequences and the way to overcome this situation
Thanks & Regards
Abhinav sidana

From India, Gurgaon
No need to worry...
Check with the local ESI inspector regarding the registration proceess which he surely guide you.
At his first visit he shall suggest you to maintian certain registers and records, once you do that he shall come and issue the registration certificate (Form C-11).
After completion of one month he shall come and verify the records and then he shall calulate the damages for those who are not covered under ESI from the inception, which you need to pay thru challan.
Hope you got soem Idea.
Thanks//Hari Prasad K

From India, Hyderabad

To be very clear, there appears to be no escape from statutory laws and rules/regulations framed thereunder. However, you may also agree that you may be counting coverage of persons on the basis of present wage ceiling, but you know that before 01/05/2010,there was different wage ceiling. So, if coverage is determined since start, there may be more or less coverable employees. In addition, under said Act, all casual or temporary employees are also coverable, which I think you may have not counted. However,if you desire and like, you can share with me following informations through my e-mail so that I may be able to make you clear about rules/regulations:-

1. Whether your establishment is a factory coverable u/s 1(3) of ESI Act, 1948 .

2. If no, whether you establishment is a shop or other establishment for which the State Govt.(appropriate Govt) has issued notification under section 1(5) of said Act. If so, detail of exact activities in your establishment.As mentioned by you, your establishment is doing work of Accounts Outsourcing. Hence, in my opinion, it qualifies as "shop" and coverable under said Act.

3.Whether you have a copy of notification under section 1(5) issued by the State Govt. if your establishment is among those establishments as notified under section 1(5) of said Act.

From India, Noida
Thanks Hari prasad ji and Harsh i really appreciate your efforts......and contribution
but again my concern is consequences of not following the the statutory compliance's and a way to escape from the same.......
Definitely we will going to register under ESIC from 01st Apr 2014, however what about the previous miss deeds how they can be covered up....
Aside Harsh you are correct there must be changes in the salaries as well..due to increment and few employees must have escaped from the ESIC obligation as well (just check with my accounts department) as till now our accounts department was taking care of pay rolling (Salary Part). Moving Forward i will be handling the Pay rolling, so i want them to clear their miss Deeds first of their own and subsequently make our company fully complied with compliance.
Thanks & Regards

From India, Gurgaon
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