Special salary structure to safe guard from ESI authorities - need detailed eligibility criteria - CiteHR
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Sir(s),
1. Employment of at least 10 or more person is required in order to make any "shop" eligible for separate coverage and obtaining of separate code number under ESI Act, 1948 and rules/regulations framed thereunder.
2. However, if the principal employer to whom you want to supply the engineers on contract basis agrees, then you can make compliance in respect of ESI on the code number of principal employer itself.
3. I hope, you may also be aware that present coverage limit under ESI Act is Rs. 15000/- per month. Therefore, this aspect may kindly also be kept in view while considering coverage under above Act.
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Hi all, we have small scale industry and 60 employees therefore we want to applicable PF and ESIC in our company.how can we do
i am Insurance person (IP) then my salary more than 15000 . so please solve this question , i am able for receive amt. for medical when i am injured.and which percentage compensation
If any organisation/autonomous body does not deduct ESI of any employee out of 230, whether any judiciary act is exist ?
hi
can please all share what decision all are taking in respect of esi deduction in pursuance of threshold limit 21000 as draft rules has been issued.
i came to know that some organizations are deducting in assumption that it may be applicable restrospective.
Sir, amendments in the ESI (Central) Rules, 1950 are generally prospective and not retrospective.
Hi
Thanks for the reply...As there was an amendment in Bonus act with restrospective effect, we have concern because of this reason. is it valid to deduct contribution and refund in next salary if no restrospective amendment come up. Pls share.
Hi,

Salary Structure based on ESI ACT:-

The following items will form part of the wage both under Section 2(9) i.e for considering the employee for the purpose of coverage and Section 2(22) of the ESI Act for the purpose of charging of contribution:-

1. Matinee allowance which is being paid to employees in Cinema Houses.

2. Shift allowance paid to employees who work on shift duty at odd shifts.

3. Location allowance paid, in addition to Dearness Allowance to meet the high house rent.

4. Compensatory allowance.

5. Cash handling allowance paid to Cashier.

6. Supervisory Allowance.

7. Additional pay paid to training staff.

8. Charge allowance

9. Steno/Typist allowance

10. Plant allowance

11. Honorarium for looking after the hospital/dispensary

12. Computer allowance

13. Gestetner/Photocopier/Printer allowance

14. Personnel/Special allowance

15. Machine allowance

16. Convassing allowance

17. First-aid allowance

18. Personnel allowance – Pay over and above the basic wage and Dearness allowance for skill, efficiency or past good records.

19. Area allowance - given to employees living in a particular area to meet the high cost of living in that area.

20. Exgratia payment if payment is made within an interval of two months.

The following items will not form part of the wage either under Section 2(9) or under Section 2(22) of the ESI Act:-

1. Payment made on account of un-availed leave at the time of discharge.

2. Commission on advertisement secured for Newspapers, if not paid to the regular employee.

3. Fuel allowance/Petrol allowance

4. Entertainment allowance

5. Shoes allowance

6. Payment made on account of gratuity on discharge/retirement.

7. Payment made on encashment of leave..

Please find the attachment for much more clear view on some allowances...

Attached Files
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File Type: docx ESI - Allowances Rules - Salary.docx (22.3 KB, 106 views)

Hi,

Salary Structure based on ESI ACT:-

The following items will form part of the wage both under Section 2(9) i.e for considering the employee for the purpose of coverage and Section 2(22) of the ESI Act for the purpose of charging of contribution:-

1. Matinee allowance which is being paid to employees in Cinema Houses.

2. Shift allowance paid to employees who work on shift duty at odd shifts.

3. Location allowance paid, in addition to Dearness Allowance to meet the high house rent.

4. Compensatory allowance.

5. Cash handling allowance paid to Cashier.

6. Supervisory Allowance.

7. Additional pay paid to training staff.

8. Charge allowance

9. Steno/Typist allowance

10. Plant allowance

11. Honorarium for looking after the hospital/dispensary

12. Computer allowance

13. Gestetner/Photocopier/Printer allowance

14. Personnel/Special allowance

15. Machine allowance

16. Convassing allowance

17. First-aid allowance

18. Personnel allowance – Pay over and above the basic wage and Dearness allowance for skill, efficiency or past good records.

19. Area allowance - given to employees living in a particular area to meet the high cost of living in that area.

20. Exgratia payment if payment is made within an interval of two months.

The following items will not form part of the wage either under Section 2(9) or under Section 2(22) of the ESI Act:-

1. Payment made on account of un-availed leave at the time of discharge.

2. Commission on advertisement secured for Newspapers, if not paid to the regular employee.

3. Fuel allowance/Petrol allowance

4. Entertainment allowance

5. Shoes allowance

6. Payment made on account of gratuity on discharge/retirement.

7. Payment made on encashment of leave..

Please find the attachment for much more clear view on some allowances...

Attached Files
Membership is required for download. Create An Account First
File Type: pdf ESI - Allowances Rules - Salary.pdf (225.7 KB, 77 views)

1. Sir, I think, there is apprehension in the minds of HR people that now when the intention notification has been published for enhancement of wage ceiling under ESI Act, 1948 as on 06/10/2016, Govt. can implement the said enhancement from any retrospective date in final notification which is expected to be issued after elapse of 30 days. In this connection, I may submit that by examining past practice of the Govt., I think, there appears to be no reasons for such apprehension. For example, the last enhancement of wage ceiling under said Act was carried out by following the procedure as per details mentioned below:-

(a) Date of intention notification: 27/02/2010.

(b) Date of final notification: 20/04/2010.

(c) Date of effectiveness of such enhanced wage ceiling : 01/05/2010.

2. From above, it is quite clear that earlier such enhancement of wage ceiling was not retrospective, but sufficient time was allowed by the Govt. It is pertinent to mention here that the wages for the month of May, 2010 were as per practice paid either as on last date of month or on 7th of next month. And the contribution for the May, 2010 was payable to ESIC by 21st June, 2010. Therefore, I personally feel that there should not be much apprehension on the subject.

3. However, since the actions of the present Govt.are sometimes found to be unpredictable / unforeseen, we have no alternative except to wait for the final notification. I think, issuing of final notification making it effective from any retrospective date will be a good plea for the employers / affected persons for contesting such enhancement of wage ceiling from retrospective date. We may hope for the best.

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