Esi Applicability To Construction Employees - DOC Download

Mr. Ruhal,
I am Tirlok Dhir Working with Emaar MGF Chandigarh. I am forwording you the notification from ESIC which shows that ESIC is not applicable on consturction industry.
Regards
Tirlok Dhir
09779141430

Dear Rahul
Please refer Circular 4 of 96 of ESIC. All your points are answered in detail
2. Insurance policies are entirely different. By taking policies you are not absolved from statutory responsibilities.
Ram K Navaratna
HR Resonance
Visit: hrresonance.googlepages.com

Dear Mr. Rahul / Mr. Tirlok,
I am Rajesh Goel, Managing Partner of Law Firm in Chandigarh, I would like to quote the relevant case law as well in this matter that persons engaged outside the factory on their site contract jobs, are not "employees" ( ESIC V/s Shalimar Tar Products ) 1976, 1 LLJ 330.
Mr. Ram is referrring to some Circular No. 4 of 1996. Please post the same if available
Thanks
Rajesh Goel

Dear All,
is there any relevance between starting of production & esi applicability , if we employ 30 employees today but commencement of prodcution starts after 2 months, then for these 2 months esi will be applicable? during these 2 months trails were going on.
bye

Dear Rahul,
I am Dwipna associated with Eden City Group of Companies in the capacity of Head-HR & Administration.
ESIC is not compulsory in case of construction workers. We are supposed to assist them get registered under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996 (BOCCA)
1% cess is to be recovered from the contractors bill towards this benefit and submitted to the labour department who get this unorganised sector covered for a nominal amount of Rs.20/- per month.
Please contact your labour department in your city for further clarifications.
Thanks and regards,
Dwipna

Dear All,
Herewith I am enclosing the ESIC notification on this subject
Thanks,
SVS

Dear all,
I work in a company that has 3 contractors who employ 30 people each. These contractors work on our construction site.
Does the Bocca Act apply to my site.? Pls give me more details about this act.
Sincerely
T.Rukmini

Clause 3 of the Instruction 4/99 state that workers at site are to be considered as "employee" u/s 2(9) . If the no. of such workers increases to 20 ( and in most cases, it is likely to be), then all charging provisions of ESI will be applicable to PRINCIPAL EMPLOYER (CONTRACTING PARTY) as the words used are "directly in a covered factory by the principal employer or through an immediate employer". The Circular / Instruction thus exempts the Contractor from ESI liabilities but simultanelusly binds the Principal Employer. This needs to be clarified by ESI Deptt. as they have the practice of levying ESI on entire amount of COnstruction ( ignoring material component) with hefty interest, subsequently during assessment or inspection.

Hi
A Decade ago there was a clear notification from the ESIC stating that the employees who works on site need not be covered under ESI . ( As there working area will be fluctvating and they cannot take treatment anywhere) . The notification was 10 years before , but I am not sure whether the ESIC has revoked the notification or not , but as per the B&S act 1996. it is not dealing with the ESI part and also the benefit they are claiming from them will be very less
In my view, it is better to cover them Contract labour employees under (Group insurance policy ) to meet the unexpected accident cases and compensation

Dear all,
We are engaged in the construction of bulidings and we have 10 employees drawing salary less then 15000/- and we have also engaged contractors to do construction work.

1. Please clarify whether ESI Act is applicable on the construction industry?
2. Beeing Principal employer whether we have to get ourselves registered under ESI Act and contrcators too.

Gudddu