if any employee does not want any government benefit , and ask for direct amount of this benefit to his account , then can give this and can we take it in written,and is this valid for labour law
From India, Mumbai
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From India, Mumbai
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These items - PF, ESIC - are all government-mandated welfare measures. The employee cannot surrender these benefits and ask for cash instead.
An employee may want to increase cash in hand, but organizations are precluded from accepting such requests in writing or attested and notarized, etc. His written declaration has no standing in law.
From India, Pune
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3180An employee may want to increase cash in hand, but organizations are precluded from accepting such requests in writing or attested and notarized, etc. His written declaration has no standing in law.
From India, Pune
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The only way these schemes can be avoided is if the company has a better benefits scheme of its own. I don't know if any recent amendments have removed this provision. Anyway, there is no value for an employee request that is against the law of the land.
Best.
From India, Villupuram
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Best.
From India, Villupuram
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To prove company schemes are better is a Heculean task. It is not easy to satisfy authority on these welfare issues
From India, Pune
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From India, Pune
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Absolutely not. Statutory laws to be maintained as per local laws we cannot denied them
From India, Bangalore
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From India, Bangalore
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EXTRACT OF ESIC ACT
1. Short title, extent, commencement and application. — (1) This Act may be called the
Employees’ State Insurance Act, 1948.
(2) It extends to 2
[the whole of India 3
[***]].
(3) It shall come into force on such date or dates as the Central Government may, by
notification in the Official Gazette, appoint, and different dates may be appointed for different
provisions of this Act and 1
[for different States or for different parts thereof].
(4) It shall apply, in the first instance, to all factories (including factories belonging to
the 2
[Government]) other than seasonal factories.
3
[Provided that nothing contained in this sub-section shall apply to a factory or
establishment belonging to or under the control of the Government whose employees are
otherwise in receipt of benefits substantially similar or superior to the benefits provided under this
ACT
This makes it clear that welfare measures are officially difficult to circumvent.
From India, Pune
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1. Short title, extent, commencement and application. — (1) This Act may be called the
Employees’ State Insurance Act, 1948.
(2) It extends to 2
[the whole of India 3
[***]].
(3) It shall come into force on such date or dates as the Central Government may, by
notification in the Official Gazette, appoint, and different dates may be appointed for different
provisions of this Act and 1
[for different States or for different parts thereof].
(4) It shall apply, in the first instance, to all factories (including factories belonging to
the 2
[Government]) other than seasonal factories.
3
[Provided that nothing contained in this sub-section shall apply to a factory or
establishment belonging to or under the control of the Government whose employees are
otherwise in receipt of benefits substantially similar or superior to the benefits provided under this
ACT
This makes it clear that welfare measures are officially difficult to circumvent.
From India, Pune
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Statutory Compliance of a Industrial or Commercial Unit.xls
Statutory-compl iance.pdf
Statutory Compliance.zip