Esi Act For Contract Labour

Dear Mr.Madhu,
Can you brief me about trust deed for superannuation and registeration proceedure for gratuity.
Regards
Hariharan N

Superannuation scheme is a scheme whereby an employee will get a sum of amount when he attains the age of superannuation as provided in the standing orders or terms of appointment. This may be an additional benefit to an employee which will be useful for him for the rest of his life. There are plenty of superannuation schemes available. You can go for any of it. Being in contributory in nature and not being a statutory like EPF, it requires a Trust Deed to be formed. For details please visit our own site.
Gratuity is an amount payable to an employee who leaves the establishment after serving the company for a quite long period (5 years as per Payment of Gratuity Act) In order to make available the fund, there are schemes available so that the employer can contribute every year a sum so that when an employee leaves the same can be used without depleting the then liquid assets. For details, please go through the gratuity schemes of insurance companies.
Regards,
Madhu.T.K

Dear all
We have 6 employees covered under ESI and drawing salary less then 10000/- and the total strength of our employees is 18 and we have engaged contractors and they have more then 20 labour.
Kindly clarify that being a principle employer we have to get registration under ESIC Act or not
Regards,
Anil

Since you are already covered by ESI there is no need to have separate coverage for contract labour. Contract labour, irrespective of number, will be automatically covered by ESI if they are engaged in an establishment to which ESI Act applies. Therefore, all your contract labour come under the ESI subject to the eligible conditions of salary ceiling.
Regards,
Madhu.T.K

Dear Madhu sir,
I had a small dought, if the principle employer having the ESI code for their employees,how it applicable to the contract labour,contractor has to take seperate subcode. Dont they need to have a seperate subcode?
Please clarify.
Regards,
Surendra.

It is not a subcode of the Principal employer that is allotted to the Contractor but a separate code itself is needed. But if the contractor himself is not covered by the ESI Act due to his employing less than ten/ twenty employees, as the case may be, there will not be separate ESI registration for the contractor. In such cases, the employees of contractor engaged in the Principal employer's establishment will be covered and ESI deducted from the amount paid/ payable to these employees and in the absence of separate registration for the contractor, enroll the employees of the contractor under the Principal employer and pay the contributions on behalf of the contractor. There is nothing wrong in covering the contract labour under the Principal employer and it is not mandatory that all contractor should have separate ESI code. Similar is the case with EPF also.
Regards,
Madhu.T.K

Dar Madhu,
Can u pl. suggest any amendments required in ESI Act to protect workers interest best now in a situation where more & more companies feel safe in employing workerss through contractors

ESI Act has nothing to do with contract labour but has already made provisions in the Act to include all contract labours under the ESI scheme. The Contract Labour (Regulation and Abolition) Act has been enacted with the primary objective of protecting the interests of contract labour and as per the said Act an employer can hire employees through contractor only for such activities which are not core activities. Therefore, an employer is not suppose to engage workers on contract for works of perennial nature, that is something which is directly connected with the core production or service. If an employer is found engaging contract workers for works which should be carried out by regular employees, the concerned authorities (the State's Labour Department) can initiate proceedings against the employer.
Regards,
Madhu.T.K

we are service provider we have a contract ,we provide manpower to client (1 or 2 ) at one location , same (1 or 2 ) to other location ,so shall i get different Labour Licence for different location ,having same cient.

If the total number of employees engaged by you at different locations exceed 20 you need labour licence.
Regards,
Madhu.T.K