Madhu.T.K
Industrial Relations And Labour Laws
Talentsorcerer
Talent Acquisition Expert
+1 Other

Dear Friends
Can any one please impart information on the following:
1. Is ESI covered for any part time employee: for example, a Physiotherapist who works for 2 hrs Monday to Friday. His / her wage is fixed on total no of working hours in a month or paid on per session basis. ( Note: The payment is made on monthly basis )
2. Is ESI covered for any Trainee ( unskilled) under 18 yrs working in a Age Care- unit (an NGO)
Your response will be highly appreciated.
Paul

From India, Bangalore
No - No ESIC for part-time. Below 18, employment is illegal.
From India, Mumbai
Hi,
As per a judgment by Supreme Court in 2016, employment of casual nature or where an employee is employed for part of the wage period will be covered in ESIC.
So part time employees will be covered under ESIC.
Refer : Supreme Court holds casual workers are covered under ESI Act
The judgment is also available in the page.

From India, Mumbai
Dear Paul,
Is your establishment is covered under ESI?
Is the name of workmen borne in your muster roll?
If your answer for both is Yes, then the concerned is covered under ESI.
Do not employ any one whose age is under 18.

From India, Mumbai
There is nothing illegal in hiring a person above 14 years of age and engaging in any work which is not hazardous. Factories Act also permits adolescents to work in factories subject to certain conditions regarding hours of work, overtime working etc. The main hurdle that the employers face with such employment is that we may not be able to enforce a contract with such person since they are not competent to contract. That is why when we take apprentices under the Apprentice Act we are entering into a contract with the parents of the apprentices who are minors. Therefore, I feel that there is nothing illegal if they are not below fourteen years and you do not put them in hazardous work. I don't think that in an establishment meant for caring the aged is hazardous activity in which children cannot be employed as per Child Labour (Prohibition and Abolition) Act, 1986.
While deciding the coverage of your part time employee, the Physiotherapist what we have to look into is his notional salary and not the exact salary paid. If for example, his daily remuneration for two hours is Rs 500, then his notional wage for a day of 8 hours would be Rs 2000 and the monthly pay would be anyway more than Rs 21000 and he would be out of ESI coverage. Correct me if I am wrong.
Madhu T K

From India, Kannur
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