Srinath Sai Ram
Hr Manager
Labour Law Advocate

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Dear Sir, I have newly joined in a kids wear manufacturing sector where I have faced a compensation related problem. One employee is working here for three months. He gets his salary with the benefit of ESI and PF facility.
But he does not want that benefits because as per him his earning is very low to continue his family. Now what to do?

From India, Kolkata
Please furnish Details of his Gross Salary for determining exclusion from ESI Coverage.If Gross Salary is more than Rs21,000/-PM, he can be excluded from ESI Coverage w.e.f 01/04/2017
Since, he is already covered under EPF, he has to continue to contribute to EPF Maximum up to rs15,000/-(Basic, DA, VDA) till he is in your Employment.

From India, New Delhi
Thanks for your help. But his gross salary below 10,000 per month. We are continuing his ESI for last 3 months as he is joined last 3 month ago. Now he wants to withdraw his name from esi and pf benefit. Is there any rule that we can remove his name from ESI but he will be our employee?
From India, Kolkata
Mr Chatterjee,
What is the Position you are holding in the Company.What do you mean by Employee Gross salary is below Rs10,000/-PM.You do not know his exact Salary? inspite of replying to your question. you are asking is there any rule for removing his name? It appears you have not understood the reply, hence please share the information with literate person for your understanding

From India, New Delhi
If he is covered under the ESI Act and EPFMP Act, then there is no escape no matter whether he wants to remain covered or not.
It is infact the liability of the company to pay such statutory dues if the company and the employee are covered under both Acts.

From India, Kolkata
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