Cicular On Construction Workers Under Esic - DOC Download

ag_agrawal77
Dear All,

Construction workers are not covered under ESIC. This was promulgated via ESIC circular No. P-12(11)-11/27/99 Ins.IV dated 14-6-1999.

Despite having tried my level best, I am not able to get a copy of the circular. Will any one of you help me on this front as the same is very urgent?

Thanks in advance.
Rajeev Verma
Dear Friend,

As far as my understanding is concerned, when construction workers are engaged for the first time, those workers are not covered because, by that time, most of the companies do not have the ESI Code. However, once the company has been allotted the ESI Code number and engages construction labor after that, that workforce is very much covered under the purview of the ESI Act.

Meanwhile, I do not have the said notification, but I will try to find it.

Amith R Murthy
Dear Agrawal,

Even I don't have the said notification, but I will certainly try to get it. In case you get the same, do share it with us.

Regards,
Amith R.
keshava
Dear all,

As you are all aware, there is an act called The Building and Other Construction Workers Act, 1996, which compels the contractors and employers in the construction field to register their labor force. This act covers the facilities provided by ESIC; as a result, they are not covered under the ESIC Act.

Regards,
Keshava Prasad S
ag_agrawal77
Dear All,

Thank you for your replies. I am looking forward to receiving a copy of the circular. I am also conducting my search for it. If I manage to find it, I will post it here for reference.

Thanks and regards
keshava
Dear all,

Sorry, the Building and Other Construction Workers Act is from 1996 and not 1006. Apologies for the incorrect year mentioned.

Regards,
Keshava
Madhu.T.K
It is clarified that Construction Companies that engage workers at sites not on a regular basis are not covered under the ESI. At the same time, where the company has 20 regular employees (earning not more than Rs 10,000) in its office, such as Draughtsman, Foreman, Supervisor, etc., they will be covered. If the office staff number is 10 and they employ 10 workers for the site who do not sign the daily attendance register and wages register, then the company is not covered. However, if the construction company employs 20 or more workers on a regular basis who are deputed to the company's various sites, such a company will be covered by ESI. The test of regularity is the signing of the muster roll.

It is also clarified that workers engaged in the construction of buildings, etc., in a company covered by ESI will be covered like any other temporary workers of that company.

Regards,
Madhu.T.K
Tirlok Dhir
Please find the copy of the notification issued by ESIC for the same.

Tirlok
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