kanand72
2

Hi members
As per ESI Act, the salary for exemption is above Rs.10,000/- per month which we all know. In case an specalised worker is engaged for daily wage and his daily wage is Rs.390/-, is he coverable under the act. The payment will be calculated on a monthly basis and paid only at the end of the month. Had the employee worked on all days (i.e) in a month 26 days his salary will be above the coverage limit. Is he coverable under the act? In case you find any rulings plz share.
Rgds
Anand

From India, Madras
malikjs
167

dear
he will come under the category of exempted employee.if someone getting 385 per day than only they will be covered under ESIC.if he works only for 10 days in a month and his earning will be 3900 in a month ,still he will not be covered under ESIC.
TKS
JS MALIK

From India, Delhi
kanand72
2

Mr.Malik thanks for that update. Have you come across the ruling anywhere. In case you have it kindly share. It would be most useful to me. Rgds Anand
From India, Madras
malikjs
167

dear ruling for anything is reqd where law is not clear.here law is clear than what ruling u reqd. tks j s malik
From India, Delhi
kanand72
2

Dear Mr.Malik
Why I am so particular is that, an ESI inspector had advised that exemption of an employee under ESI Act cannot be considered for a daily wager.Also, when I browsed thro the act books & journals nowhere I found the daily wage amount.It speaks only about the monthly factor.Kindly help me sort out this issue.

From India, Madras
yogeshthakur
3

mr. malik
Even I have the same query, I have I hired a person for the fitment of production line @ Rs. 300 per day and in a month he came to my factory for 23 days. DO I need to Deduct ESI and EPF from Him Pl. Respond

From India, Haryana
malikjs
167

dear yogesh
i think your query should be clear from this conversation.you have deduct ESI but not PF.
Anand as ESI inspector asked you ,he is totally worng .as you can refer payment of wages act,this monthly salary is for 26 days and you can takeout daily wages by dividing 26.he is worng by saying this that daily wager are not exempted from ESI.
TKS
JS MALIK

From India, Delhi
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