Kamalkantps
Advocate
Venkatesh.bala7
Coordinator Hr
+1 Other

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We are having staff (like teachers) who are all receiving salaries but without PF, ESI and other statutory deductions. They are asking salary slip for future reference.
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Dear Venkatesh,
salary slips can be given to any employee including teachers. Being not covered under labour legislation is a separate thing. Even Managers and CEOs can get the salary slips, they are also not covered under labour laws. I guess your question is whether it will be used against you as you are not giving them any ESI, PF benefits, if that is your problem then unfortunately and fortunately they are not covered under any labour law including ESI and PF act. Hope you got your answer.
Thank you sir. I got your input. But, one more question araised is how can be we give breakukp for that consolidated pay...??? If they submit this for any government posting, they also have to believe that the slip is issued only by institution. That breakup can be turned to our side for any legal issues.
School Teachers (Private School) are covered under both PF & ESI. Recent Supreme Court verdict was only on Vivekananda Institution one Private school at WB. ESI applicability is given below extract from ESIC site Govt. of India.
APPLICABILITY
Under Section 2(12), the Act is applicable to non-seasonal factories employing 10 or more persons.
Under Section 1(5) of the Act, the Scheme has been extended to shops, hotels, restaurants, cinemas including preview theatres, road-motor transport undertakings, newspaper establishments, establishments engaged in Insurance Business, Non Banking Financial Companies, Port Trust, Airport Authorities and Warehousing establishments employing 10* or more persons. Further under Section 1(5) of the Act, the Scheme has been extended to Private Medical Institutions, Educational institutions and to contract and casual employes of Municipal Corporation/Municipal Bodies employing 10* or more persons in certain States/UTs.
The existing wage limit for coverage under the Act effective from 01/01/2017 is Rs.21,000/- per month [Rs. 25,000/- per month in the case of persons with disability].
*Note: However the threshold for Coverage of establishments is still 20 Employees in Maharashtra and Chandigarh.
It is essential to breakup the consolidated salary in to Basic and Other Allowances ( HRA etc.) and may be 2/3rd Basic and 1/3rd other allowances of Gross monthly wages.
S K Bandyopadhyay ( Howrah, WB)
+91 98310 81531

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