Hello friends, We have a small consultancy, 6 people in all, but we got letter from ESIC office, stating
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I am directed to invite your attention to the provisions of the Section 2 A of the Employees’ State Insurance Act, 1948 (as amended) under which a Factory/establishment is required to be registered within such time and manner as may be specified in the Regulation. Regulation 10 B of the E.S.I. Regulation 1950 (General) makes it obligatory on the part of the employer of the factory / establishment to which this Act applies to register their unit through online employer portal (ESIC) not later than 15 days after the Act becomes applicable.
Section 44 of the Act, further provides that where the return has not been so submitted, the Corporation may require any persons in-charge of the factory/establishment to furnish such particulars as it may consider necessary for the purpose of enabling the Corporation to decide whether the factory/establishment is coverable under the Act as you have not applied for the registration through the online portal if your unit is coverable under ESIC as per the provisions of E.S.I. Act , 1948 within 15 days from the date of receiving of this letter and also inform the same to this branch.
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This is strange because we only have 6 (2 owner + 4 employees) people in office. I visited ESI office with letter, they did not cooperate and showed me some cuttings (half A4 page) where SSO inspector/officer made report that he has come to our place and made the observations, this is extra strange as we have never had any government officers visit our office till date.
So I have 3 question for the HR titans here:
1. How did they discover us? We only have GST and Shops & Establishment Act, so how did they get our office address and more importantly on what basis are they accusing that we are suddenly under ESIC's umbrella (our office is in posh area, single room, where did they see "more than 10" laborers)?
2. In the "report", the ESIC officer went as far as saying that it was his second visit of our company. This is blatant lie because no officer has ever visited us from ESIC. Can they force us to take ESIC based on such imaginary reports and false accusations?
3. How can I get a xerox copy of the inspector's report they showed me. I know we can file RTI, but exactly what will I write in that letter, what requests should I make in my RTI appeal?
16th February 2019 From India, Gurgaon
Have you been alotted ESI Code Number? what is your total Strength? (inclusive of all/Locationwise) What is the nature of activity/Service Why you have not yet submitted written explanation disputing ESI Claim with necessary details/Documents
16th February 2019 From India, New Delhi
Hi Srinath,
Of course I do not have ESI Code Number, that's why I got the letter. ESIC thinks my organization is eligible under ESI Act.
Like I said, we have 6 people only. Its a networking-hardware consultancy and all 4 of our engineers are paid ~40k/month.
I will certainly present documents about the nature of our business in ESI office, I just want to know why in world did they target us?
Is it a random happening? I think not. What do you recommend I should do about RTI to get copies of those false records.
17th February 2019 From India, Gurgaon
Dear Suryaja Pothipatti, you have been reacting instead of acting.What was expected was to submit your written reply to the notice contradicting ESI Applicability together with supporting Documents.It appears as on date you have not submitted your reply.Please submit the same immediately to substantiate your contention that ESI Act is not applicable to your establishment
17th February 2019 From India, New Delhi
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