aminar-construction-services
Hello,

I am working a small construction company which have around 6-8 permanent employees on salary, and daily paid labor in cash basis. I would like to know that is it mandatory to register the daily wage labor in PF and ESI? Or I just need to maintain Wage Register, Attendance Register and Payment Register.

Around 10-20 people work on daily wage basis.

Thank you,

From India, Noida
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
+1 Other

skeng-van
Construction workers do not come under the ambit of ESI. No idea about epfo
From India, Hyderabad
S. KUMAR
6

Dear
The Provisions of EPF Act 1952, were made applicable to Building & Construction Industry, however with a qualifying period of employment for applicability of the scheme to employee was 240 days. The limitation of 20 employees being the minimum strength, however remained intact.

ESI aaplicability for construction site worker is pending in supreme court of India.So it is not necessary to collect ESI of site worker.

Thanks

S.kumar

From India, New Delhi
umakanthan53
5997

The questioner being a construction company, the daily wagers engaged therein are prone to employment accidents and the ESI being the scheme of insurance against sickness, employment injuries and death of the insured why should he bother about the applicability of the ESI Act,1948 to such daily wagers? He can approach the local ESI office directly and get latest guidance. If the ESIA is not applicable, well, he can go in for an insurance policy under the Employees Compensation Act,1923.
From India, Salem
saswatabanerjee
2375

Considering that the government has decided to cover practically the entire country under ESIC, I assume the area where you are based has ESIC coverage.

If you have had more than 20 employees working on any day of the last 12 months, you are covered under ESIC. The employees include contract workers and temp / daily wage workers. In a construction site, I am assuming there are more than 20 workers.

Therefore, you need to register under ESIC.
And you need to register each worker, even if they have come for only a single day and you need to pay the ESIC for them. If you do not do so, you are open to prosecution and penalty for not paying ESIC.

If there is an accident and the worker is not covered under ESIC, you will have additional problems.

From India, Mumbai

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