Dear All,
1. Notwithstanding the nomenclature of the allowances,
i. if the payment is at regular intervals of less than two months (in the instant case, it is a monthly allowance) and
ii. paid as a fixed allowance and not a variable reimbursement of defraying actual expenses as in the instant case,
ESI contribution is payable. In other words, if the upkeep amount is paid at various dates on production of actual claims/bills, the same would not attract ESI contribution.
2. As regards the queries raised by Dr. Shikha Sahai, notwithstanding the fact it is casual or temporary - be it Maali, cook, etc., all would come under the definition of an employee for the purpose of ESI Coverage, and hence contribution is payable. If cooking/washing is temporary in nature, depending upon the accounting entries, ESI contribution/coverage will be determined.
A. Irudayam
Advocate and HR Consultant - +91 99406 86632