Please read the following note and clarify the doubts mentioned below.
Note on EPFO & ESIC Registration Changes
Registration for EPFO & ESIC for new Public & Private Limited Companies and One Person Company has been stopped on the Shram Suvidha Portal from 15.02.2020. With effect from 15.02.2020, new Public & Private Limited Companies and One Person Company shall get registration numbers for EPFO & ESIC on the MCA portal (www.mca.qov.in through Spice+ and AGILE-PRO eforms) only at the time of incorporation. However, the above new companies will have to comply with the provisions of the EPF & MP Act, 1952, and the ESI Act, 1948 when they cross the threshold limit of employment under the respective Acts. New companies registered through the MCA portal w.e.f 15-02-2020 need not comply with the provisions of the ESI Act until they reach the threshold of ESI coverage or the initial 6 months, whichever is earlier.
Employees' State Insurance Corporation Eligibility
Every establishment in which ten or more persons are employed.
Clarification Needed on the Following Doubts
1. Is it mandatory to file a monthly return for ESI even if the employer's unit is situated in an ESI Non-Implemented area?
2. Is it mandatory to file a monthly return for ESI after 6 months even if employers do not have greater than or equal to ten employees?
3. If the employer has only ONE employee after 6 months, does the employer need to file an ESI monthly return for that only ONE employee after 6 months?
4. If the employer files a monthly return for that only ONE employee after 6 months, is that respective employee eligible to get ESI benefits?
5. Is the ESI eligibility criteria ten or not?
Please clarify and do the needful.
From India, Hyderabad
Note on EPFO & ESIC Registration Changes
Registration for EPFO & ESIC for new Public & Private Limited Companies and One Person Company has been stopped on the Shram Suvidha Portal from 15.02.2020. With effect from 15.02.2020, new Public & Private Limited Companies and One Person Company shall get registration numbers for EPFO & ESIC on the MCA portal (www.mca.qov.in through Spice+ and AGILE-PRO eforms) only at the time of incorporation. However, the above new companies will have to comply with the provisions of the EPF & MP Act, 1952, and the ESI Act, 1948 when they cross the threshold limit of employment under the respective Acts. New companies registered through the MCA portal w.e.f 15-02-2020 need not comply with the provisions of the ESI Act until they reach the threshold of ESI coverage or the initial 6 months, whichever is earlier.
Employees' State Insurance Corporation Eligibility
Every establishment in which ten or more persons are employed.
Clarification Needed on the Following Doubts
1. Is it mandatory to file a monthly return for ESI even if the employer's unit is situated in an ESI Non-Implemented area?
2. Is it mandatory to file a monthly return for ESI after 6 months even if employers do not have greater than or equal to ten employees?
3. If the employer has only ONE employee after 6 months, does the employer need to file an ESI monthly return for that only ONE employee after 6 months?
4. If the employer files a monthly return for that only ONE employee after 6 months, is that respective employee eligible to get ESI benefits?
5. Is the ESI eligibility criteria ten or not?
Please clarify and do the needful.
From India, Hyderabad
ESIC Code and Registration in Non-Implemented Zones
ESIC does not grant codes/registrations in non-implemented zones; it is the duty of the employer to apply and receive a response from ESIC for their safeguard.
ESIC Threshold Limit and Director Inclusion
The ESIC threshold limit is 10 (Ten); however, to determine eligibility, inspectors also include the directors. But at the time of contribution, directors are excluded.
ESIC Portal Operations
Once the code is allotted, the ESIC portal accepts both returns and payments.
ESIC does not grant codes/registrations in non-implemented zones; it is the duty of the employer to apply and receive a response from ESIC for their safeguard.
ESIC Threshold Limit and Director Inclusion
The ESIC threshold limit is 10 (Ten); however, to determine eligibility, inspectors also include the directors. But at the time of contribution, directors are excluded.
ESIC Portal Operations
Once the code is allotted, the ESIC portal accepts both returns and payments.
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