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Hi,
I started a sole proprietorship in May 2017 which does web designing and data entry. Initially there were 10 contract workers who worked part time hence I registered for ESIC. After 3 months business didnt pick up and the contractors came down to 3 in Aug 2017. Also I got job in USA in Aug 2017 and moved to USA. I am still trying to develop the business online.
I didnt pay the contribution from Aug 2017 to Mar 2018 as I was not aware that contribution has to be done even if the no of employees is less than 10.
I have got a C-18 Adhoc notice from ESIC for not paying contribution and they are proposing some arbitrary amount as dues. Also I am asked to come for a hearing. As I am out of country I cannot go for the hearing. Also I dont have any proper representatives back home who can deal with this properly.
If i pay the contributions which are due from Aug 2018 will it solve the problem? Is it mandatory to go for hearing even if i pay the pending dues?
Requesting your advise.
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Contact ESI office. Gather your group number. Pay your dues. Post the payment receipt along with a letter mentioning your inability to travel to the respective ESI office mentioning the group number
Thank for the response. Can you please guide me with the following questions
1) Can I pay the dues online in the ESIC website?
2) Is group number same as Employer's Code No?
3) Can I send the payment receipt to ESI office through email? will they accept that?
Dear,
Please tell me the city of you ESIC code. please call me on mentioned number for further correspondence.
C-18 in terms of ESIC pertains to "Interest" payable for delayed contributions. Further as per your information, "Damages" is also payable for the above period. The intimation may be issued in future. If you have winded / closed your operations, the closure intimation shall be communicated to the respective ESIC office along with the payment of the prescribed administrative charges (if any as such in EPF).
You can pay the dues online using the option "Recovery / Defaulter Challan" option available under Employer section in your ESIC establishment login. You can select the appropriate Header - "Defaulter List" and you can see a drop down list, where you can have the option C-18 Adhoc. After selecting it, the system will show you the exact amount to be paid. Verify the amount with the one demanded to you by ESIC in its notice and you can do online payment.
You can forward a letter to ESIC with the payment receipt and you can explain briefly.
Regards,
M.Harishkumar.
Thanks for your inputs Mr. M.Harishkumar.
The C-18 adhoc notice showed amount very high. The actual amount is 10 times less than that. Hence I have paid the actual contributions for the period Aug 2017 to Mar 2018.
I have not made payment under ("Recovery / Defaulter Challan" -> "Defaulter List").
Do I need to wait for any intimation for Interest and Damages to pay them OR Can pay that online now?
The reason behind this heavy amount is that, it constitutes "Actual contribution payable for the period: Aug'17 to Mar'18 (+) interest payable @ 12% per annum". If it is possible you can nominate any legal advisor to appear for Personal Hearing @ ESIC with a letter requesting to accept him as an Authorize person on behalf of you in all the proceedings. Whenever there is a Personal Hearing, there are possibilities to convey our practical difficulty and there shall be any chances for reconsideration.
It is not advisable to wait for intimation from ESI for Damages. Even today establishments who have defaulted contributions before 10 years are still receiving notices asking to remit damages & interest for the entire period. It is best to close this immediately.
This is a sole proprietor business in Tuticorin, Tamilnadu. I got this letter from ESIC Tirunelveli. Please provide me any contact of legal advisor whom you know can help with this
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