Harsh Kumar Mehta
Consultant In Labour Laws/hr
Srinath Sai Ram
Hr Manager
Riteshmaity
Labour Law Advocate
Vashistha.krishan
Sr Executive

Thread Started by #Anonymous

Dear All, We have office in Kolkata and registered under ESIC. Some of West Bengal districts where ESIC doesn't provide any facility, there is no ESIC hospital and dispansary. Now employees are asking why deduction under ESIC as ESIC facility is not there. We regulerly paying the contribution.
Pl help what can we do for employees and should we stop paying contribution for those employees.
what will be the process under legal compliances.
8th March 2017 From India, New Delhi
1. Sir, it will be more better if you may examine whether the areas in West Bengal where your units are located are implemented areas under section 1(3) of ESI Act, 1948 and rules/regulations framed thereunder ? If the areas are not implemented, you can ask ESIC to clarify whether compliance is required to be made or not since such areas are not implemented. I feel that compliance is not required to be made in respect employees working and posted in non-implemented areas.
2. If the areas where your units in West Bengal are located are implemented areas, you are required to make compliance under said Act, but the employer as well as covered/coverable employees can insist to the ESIC to make such medical arrangements immediately. You can take up the issue with said department at their Kolkata Regional Office.
3. However, now ESIC has started extending the implementation to entire districts of the concerned States. Therefore, you can confirm whether such notification under section 1(3) has been issued extending the scheme to entire districts of West Bengal.
8th March 2017 From India, Noida
ESI Contributions need not be remitted in respect of Insured Persons working in "Non Implemented" areas though the Establishment is Covered under the ESI Act
Even already covered ESI Employees Contributions can be stopped forthwith, if they are working in Non Implemented areas. While filing Monthly return in the portal, you have to mention days worked as 0 & Reason "Non Implemented area" against such Employees
8th March 2017 From India, New Delhi
Unless your office falls under non-implemented area, you are liable to pay contribution. Just because in the area, ESI does not have any hospital or provide any facility, it does not mean you can stop paying contribution.
There is a difference between non-implemented area and ESI not having any hospital and facilities.
9th March 2017 From India, Kolkata
Dear Ritesh I bit disagree with your opinion if employee are not getting the ESIC facility in that area why there would be deduction from their salary. Eployee always ask if deduction is there where is the facility, employee is not donating the money. It is his hard working money.
9th March 2017 From India, New Delhi
Dear Ritesh I bit disagree with your opinion if employee are not getting the ESIC facility in that area why there would be deduction from their salary. Eployee always ask if deduction is there where is the facility, employee is not donating the money. It is his hard earn money.
Regards,
Siddhartha Santra
9th September 2018 From India, Cuttack
How to do pending ESIC Payment, Kerala recently changed the area as implemented and that months Payment not paid through ESIC.
18th February 2019 From India, Ernakulam
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