Nagarkar Vinayak L
Hr-consultant
Nathrao
Insolvency N Gst Professional
+1 Other

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if any employee does not want any government benefit , and ask for direct amount of this benefit to his account , then can give this and can we take it in written,and is this valid for labour law
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These items-PF,ESIC are all govt mandated welfare measures.The employee cannot surrender these benefits and ask for cash instead.
Employee may want to increase cash in hand but organisations are precluded in accepting such requests in writing or attested and notarised etc.
His written declaration has no standing in law.
The only way these schemes can be avoided is if the company has a better benefits scheme on its own. I dont know if any recent amendments have taken off this provision also, anyway there is no value for an employee request which is against the law of the land.
best.
To prove company schemes are better is a Heculean task.
It is not easy to satisfy authority on these welfare issues
Absolutely not. Statutory laws to be maintained as per local laws we cannot denied them
EXTRACT OF ESIC ACT
1. Short title, extent, commencement and application. — (1) This Act may be called the
Employees’ State Insurance Act, 1948.
(2) It extends to 2
[the whole of India 3
[***]].
(3) It shall come into force on such date or dates as the Central Government may, by
notification in the Official Gazette, appoint, and different dates may be appointed for different
provisions of this Act and 1
[for different States or for different parts thereof].
(4) It shall apply, in the first instance, to all factories (including factories belonging to
the 2
[Government]) other than seasonal factories.
3
[Provided that nothing contained in this sub-section shall apply to a factory or
establishment belonging to or under the control of the Government whose employees are
otherwise in receipt of benefits substantially similar or superior to the benefits provided under this
ACT
This makes it clear that welfare measures are officially difficult to circumvent.
Dear colleague,
Indian Labour laws prohibit 'Contracting out' of the provisions of the Acts.
So the answer to your question is plain 'no'
Regards,
Vinayak Nagarkar
HR-Consultant
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