Dear Seniors, I am working in an IT Company. Total stregth is 38 among which 7 employees drawing salary less than or equal to Rs 10K. Please advise on whether ESI is applicable?
From India, Thiruvananthapuram
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Hi Suji ... As you said, Esi is not applicable right now at your organisation ...whenver 10 or more employee are drawing salary 10K or below then you have register your organisation with ESI
From India, Pune
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If the salary is below 10k then ESI is applicable , the number of employess is less then firm need not pay the ESI . If the number of employees less then ESI is applicable. Rama
From India, Bangalore
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Dear Suji, Nilesh, Rama, Pankaj,

In this case, ESI will be applicable as they have 38 employees. Dear, it is not the number of eligible employees; it is the number of total employees. Please read Section 2(9) and Section 2(12) regarding employees and factory managers drawing a salary more than the prescribed limit for eligibility of membership. Is an employee, for the purpose of computing the strength of an establishment or factory, to be covered under the act? Yes.

Thank you,
J.S. Malik

From India, Delhi
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Dear Malik Js,

ESI is not applicable if an organization doesn't have more than 10 employees (office staff) or 20 employees (Power unit/technical staff) under the prescribed limit of ESI, i.e., Rs. 10,000/-. No matter the company's strength in the case of ESI.

Example:

Case-1
If the company has 40 employees:
Employees having less than Rs. 10,000/- = 5 Nos. (On company's role)
Employees having more than Rs. 10,000/- = 35 Nos. (On company's role)
ESI is not applicable in Case-1.

Case-2
If the company has 40 employees:
Employees having less than Rs. 10,000/- = 5 Nos. (On company's role)
Employees having more than Rs. 10,000/- = 15 Nos. (On company's role)
Employees having less than Rs. 10,000/- = 20 Nos. (On contractors' role)
ESI is applicable in Case-2.

Regards,
Pankaj Chandan

From India, New delhi
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Dear Malikjs,

I was refused ESI registration by the ESI authorities in one of my previous organizations since the number of employees drawing a monthly gross salary of Rs. 7500 (that was the limit at that time) was less than 10.

Regards,
SC

From India, Thane
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Dear All,

I am really thankful for the replies. If I add something more, among the 7 employees, 6 are trainees and 1 is an office assistant. All are confirmed employees. In this case, is there any change? Please guide.

From India, Thiruvananthapuram
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Applicability:

The ESI Act extends to the whole of India. It applies to all factories, including Government factories (excluding seasonal factories), which employ 10 or more employees and carry on a manufacturing process with the aid of power (20 employees where the manufacturing process is carried out without the aid of power). The act can also be extended to shops and establishments. Generally, shops and establishments employing more than 20 employees as defined by the act are covered by the Act.

The act does not apply to Mines covered under the Mines Act, Indian Naval, Military, or Air Forces, Railways running sheds, and Government Factories or establishments whose employees are in receipt of benefits similar or superior to those provided under the Act.

All employees, including casual, temporary, or contract employees drawing wages less than Rs 6500 per month, are covered. Apprentices are not covered.

A factory or establishment to which this Act applies shall continue to be governed by its provisions even if the number of workers employed falls below the specified limit or the manufacturing process therein ceases to be carried on with the aid of power subsequently.

Where a workman is covered under the ESI scheme:
(a) Compensation under the Workmen's Compensation Act cannot be claimed in respect of employment injury.
(b) No benefits can be claimed under the Maternity Benefits Act.

By the above source, I agree with Mr. Mallik.

Regards,

Suraj Varma

Source: [Employment Law In India](http://www.erlaws.com)

From India, Hyderabad
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Resume Summary


Resume Title





INTERSTING & HARD WORKING IN FMCG&TELECOM SECTOR

Contact Information



Ravi Tiwari
1780SANJAY NAGAR YADAV COLONEY JABALPUR M.P. 482001
Email:
Phone: 91-761-2656202
Mobile: 91-9893989393
Current Location: Jabalpur


Personal Information



Date of Birth: 21 Jun 1983
Gender: Male
Nationality: India


Professional & Educational Details



Work Experience
9years 5 months
Skills
distributor handling
Industry
Telecom
Category
Sales
Roles
RSO senior lead
Current Employer
CPM INDIA PVT.LTD. (NOKIA India pvt.ltd.)
Current Annual Salary
per annum
Previous Employer
PUKRAJ TELECOM PVT.LTD.
Highest Degree Held
Commerce, OPEN UNIVERCITY
Preferred Job Location
Anywhere


Domain Knowledge



Mahakausal(ruler+locol)


Detailed Resume


RAVI TIWARI
Mobile : 9893989393
Email : ravitiwari.nokia@
PERSONAL INFORMATION
8.5 years of hard core successful sales experience of FMCG & telecom Industries with reputed organization like Bharti services limited air tel, PUKHRAJ TELECOM PVT.LTD(NOKIA), HINDUSTAN PENCIL PVT.LTD. ,TTK HALTH CARE PVT.LTD. ,KOLKATA & HAYGENIC RECARCH INSTITUTE MUMBI With Complete Territory knowledge of both Rural and Urban Market of Mahakaushal Area.
Current JOB:
Name of Organization-CPM INDIA PVT. LTD. (NOKIA INDIA PVT. LTD.)
Period – OCT2008 to Continue
Designation – RSO senior lead
ZONE
Job Profile - 1. Achievement of target both Primary & Secondary
2. Ensuring availability of company product.
3. Reporting about competitor products.
4. Developing new towns by appointing new distributor.
5. handle our team & manage them and motivate and direct them
ACHIVEMENTS:
ï‚· NETWORK & DISTRIBUTION- I have increased the Distribution Network of given area
ï‚· BUSINESS GROWTH- I have increased the overall business through increasing product range successfully in my area.
; Volume target fulfill yearly approx 240 corers.
Previous Job :
Name of Organization - PUKHRAJ TELECOM PVT.LTD(NOKIA)
Period - sep 2007 to sep2008
Designation – TEAM LEADER
H.Q.- JABALPUR
Job Profile - 1. Achievement of target both Primary & Secondary
2. Ensuring availability of company product.
3. Reporting about competitor products.
4. Developing new towns by appointing new distributor.
5. handle our team & manage them and motivate and direct them
6. Volume target fulfill yearly approx 47 corers.
ACHIVEMENTS:
ï‚· NETWORK & DISTRIBUTION- I have increased the Distribution Network of given area
ï‚· BUSINESS GROWTH- I have increased the overall business through increasing product range successfully in my area.
Previous Job :
Name of Organization - HINDUSTAN PENCIL PVT.LTD
Period - JAN 2004 to MAR 2006
Designation - Sales Representative
Job Profile - 1. Achievement of target both Primary & Secondary
2. Ensuring availability of company product.
3. Reporting about competitor products.
4. New launching of our products.
5. Developing new towns by appointing new distributor.
Name of Organization – TTK HALTH CARE PVT.LTD. KOLKATA
Period - FEB 2001 to DEC 2004
Designation - Sales Representative
Job Profile - 1. Achievement of target both Primary & Secondary
2. Ensuring availability of company product.
3. Reporting about competitor products.
4. New launching of our products.
5. Developing new towns by appointing new distributor.
Name of Organization – HAYGENIC RECARCH INSTITUTE
Period - FEB 2000 to FEB 2001
Designation -Independent Sales Representative
Job Profile - 1. Achievement of target both only Secondary
2. Ensuring availability of company product.
3. Reporting about competitor products.
4. New launching of our products.
5. lunch the pos materials the retell market.
the outstanding to the market.
ACHIVEMENTS : - Continuously achieve target and earning incentives since last
one year in Nokia India Pvt. ltd Tea Ltd.
PERSONAL INFORMATION
Father's Name - M.L. TIWARI
Date of Birth - 21st JUNE 1983
Marital Status - Unmarried
Permanent Address - H. N. 1780 sanjay nagar yadav colony
, Jabalpur (M.P.)
Current Salary – 3.9 lacks P.A
Phone - 0761-2656202
Mobile - 9893989393
Qualification - B. Corn. from \M.P.B.O.U.., Jabalpur
Date :
Place :JABALPUR (RAVI TIWARI)




From India, Bhopal
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Hello! The existing wage limit under this act is Rs. 10,000/- per month w.e.f. 01.10.2006
From India, Surat
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In the manufacturing industry, where powers are used, at least 10 persons are required, those drawing equal to Rs. 10K or less. In establishments or shops, there must be 20 persons who draw less or equal to Rs. 10k. In your case, ESIC is not applicable.

Please let me know if you need any further assistance.

From India
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Dear Mr. Pankaj,

I agree with your point, but at the same time, you have to look into whether your company falls under the jurisdiction of Nagar Nigam as per ESIC. Sometimes, companies are not covered by ESIC due to this.

Regards,
Ravi

From India, Indore
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