Understanding BOCW Act vs. ESIC: Can Both Apply to Your Establishment?

As I know, if the BOCW Act is applicable in the establishment, then ESIC is not applicable. Looking forward to your comments on the same.

Thanks,
Subroto

If the BOCW Act is applicable, then ESI is not applicable. Only a Workmen Compensation Policy needs to be obtained for the employees working on the site.

Regards,
Rakesh

The attachments are for your reference.

Regards,
Mohan.

Dear all, can I have any write-up or information on "if the BOCW Act is applicable in an establishment, then ESIC is not applicable"?

Regards,
G K - HR
[Phone Number Removed For Privacy Reasons]

Can you clarify what "any construction workers working on-site cannot avail ESI" means?

The same write-up as above is highly required. Could you please help me? Also, Mr. Keshav Korgaonkar, I could not understand your last line, boss, i.e., "According to my knowledge, there is nothing." May I have the opportunity to learn more on the same subject?

Thanks and Regards,
Subroto

I am working in a contract-based construction company under the principal employer, i.e., HPCL at HPCL Depot in Haryana. Our labor strength is more than 20, and we applied for a Labor License and Registration Certificate. We received the Labor License for the same, but the Labor Commissioner denied issuing the Certificate of Registration for this job. He mentioned that this HPCL depot falls under the Factory Act, and therefore, he cannot issue any Certificate of Registration. However, my principal employer is insisting on having the Registration Certificate under BOCW. Additionally, he is requesting ESI Registration despite us having a Workers' Compensation policy for all the workers.

Questions Regarding Registration and ESI Applicability

Now, my questions are:

1. Is the principal employer correct in this situation? Should we apply for a Certificate of Registration under BOCW? If yes, then where should we apply since the central government has denied it?

2. Is ESI applicable to us even though we have a Workers' Compensation policy for all the workers?

Thank you,

Deepak

According to my knowledge, I would like to clarify that the principal employer is fully responsible for obtaining the Certificate of Registration under the BOCW Act on their own. The principal contractor is only responsible for obtaining the license under the Contract Labor Act. You can refuse your principal's request to obtain the Certificate of Registration under the BOCW Act.

Thank you.

Regards

We are an interior works execution company. Please help and advise on the following:

BOCW Act Applicability

Is the BOCW Act specific to the state government, common to all states of India, or is it a central act applicable? If a company is engaging in executing interior works across India, with each contract lasting for a short period of 3 to 4 months at any location, is the registration a one-time requirement, or do we need a new registration every time a new contract is executed? It could be that separate contracts are executed in different time durations within one year.

Contract Labour Act Registration

If all the workers employed at any given site are regular on the payroll of a company deputed to different sites at different periods, does the company need to have a registration in place under the Contract Labour Act at every location for every contract?

Registration Requirements for Multiple Sites

A company executing interior works contracts with a workers' strength of more than 25 at one site and also having multiple sites across the country at different time periods, is the registration required under both acts, i.e., CLA as well as BOCW Act, or is only one CLA or BOCW Act registration necessary?

Thank you.

Hi,

Is there any notification on ESIC to deduct ESIC, except for washing allowance? Also, I want to know if we pay leave encashment monthly, then ESIC deductions apply. Please suggest.

Alpesh9
97 253 253 51

It is clearly mentioned in The ESI Act that it is not applicable to the activities of construction of a project.