Anonymous
Dear Team, Our Employer has 5 different companies with different businesses for 5 different companies the total employee are more than 80 but in particular all companies are having less than 20 employees so is he entitled to pay the PF, ESIC, Bonus and Gratuity?
From India, New Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant

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umakanthan53
5943

Unless there is functional integrality or common balance sheet, each and every company has to be treated as a separate legal entity despite common ownership of them all.
Regarding the statutory benefit of gratuity, the type of the establishment determines the applicability of the PGA, 1972 and the minimum no of people employed as well. In case a particular establishment happens to be a factory as defined u/s 2(m) of the FA, 1948, the PGA, 1972 would be applicable irrespective of the no of employees : if one or the other being a shop or establishment to which any law relating to establishments is applicable, then the minimum no of employees shall be 10 or more either at present or in the past. If one happens to be a cinema theatre, the minimum no of employees can be 5.
From the information furnished in the post, as it is, the ESIA, 1948 would be applicable if the location of any such unit falls within the area notified whereas the EPFA, 1952 is not applicable to any of the 5 different companies as the unit wise no of employees falls below 20.

From India, Salem
shobhit-kumar-mittal
50

If the services of the employees are inter-transferable to other companies, then number of employees in all the companies will be clubbed for applicability of the provisions of P.F., ESI, Bonus etc.
- Shobhit Kumar Mittal
Industrial & Labour Law Advisor

8077779793, 9319956443

From India, Faridabad

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