Dear Ashwini R & All
Please note the following :
1. Sec 2(12) has been amended - As per this, factories employing 10 or more have to cover employees under ESI
2. PF Remains to be 20 persons (if companies want to cover voluntarily even if the number is less than 20, they may do so)
3. Ms Ashwini - as you say, your company has 15 persons. Even if their salary is above Rs.15,000/-, as you have already 15 persons working, you may apply for ESI to cover your company under ESI
4. You may take security and house keeping personnel even if you do not have ESI and PF coverage. However, it is better if you engage these persons under contract agency who has ESI and PF coverage if you are really concerned.
5. If you take these persons under your company roll, then your numbers will reach the eligibility limit for both ESI and PF if you are taking more than 4 persons (as you say you have already 15 persons).
6. Even after taking house keeping and security personnel, if your number is <20 then you may still appoint them on company rolls, but apply for ESI code and later apply for PF code after reaching 20. I repeat again, your company can take PF coverage voluntarily.
7. For coverage under ESI, you need not worry whether persons are drawing <15000 or >15000. It is the number of persons employed that matters for coverage and not the salary at the time of applying for ESI code.
Hope the matter is clear.
Regards
K.Ramachandra
Bangalore
Please note the following :
1. Sec 2(12) has been amended - As per this, factories employing 10 or more have to cover employees under ESI
2. PF Remains to be 20 persons (if companies want to cover voluntarily even if the number is less than 20, they may do so)
3. Ms Ashwini - as you say, your company has 15 persons. Even if their salary is above Rs.15,000/-, as you have already 15 persons working, you may apply for ESI to cover your company under ESI
4. You may take security and house keeping personnel even if you do not have ESI and PF coverage. However, it is better if you engage these persons under contract agency who has ESI and PF coverage if you are really concerned.
5. If you take these persons under your company roll, then your numbers will reach the eligibility limit for both ESI and PF if you are taking more than 4 persons (as you say you have already 15 persons).
6. Even after taking house keeping and security personnel, if your number is <20 then you may still appoint them on company rolls, but apply for ESI code and later apply for PF code after reaching 20. I repeat again, your company can take PF coverage voluntarily.
7. For coverage under ESI, you need not worry whether persons are drawing <15000 or >15000. It is the number of persons employed that matters for coverage and not the salary at the time of applying for ESI code.
Hope the matter is clear.
Regards
K.Ramachandra
Bangalore