Does ESIC absolve liability of WC
Rizwan Pathan
(Querist) 02 July 2019
This query is : Resolved
Hi Experts,
My plant is not falling under ESIC and WC is applicable to us.
Since we are green field, they are so many labour contractors, now I am facing issue in applicability of ESIC as many contractor have their offices in ESIC area and they are regularly paying contribution to employees working for them.
My question is that if my premises is not falling under ESIC can I ask contractors to bring wc or esic absolve the mobility of wc.
Appreciate your help.
Regards,
Rizwan
KISHAN DUTT KALASKAR
(Expert) 02 July 2019
Dear Sir,
Yes, if your premises not falling under ESIC then you can ask the contractors accordingly.
Please mark “LIKE” if satisfied by my answer.
Dr J C Vashista
(Expert) 03 July 2019
Applicability of provisions of ESI Act and Workman (now Employee) Compensation Act, 1923 differs.
It would be advisable to consult a local prudent lawyer for better appreciation of facts and documents, guidance and proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) with records at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # + 01 98911 52939 email: majjagdish@yahoo.com or visit: www.vakil-saab.com
P. Venu
(Expert) 03 July 2019
Yes, the matter requires professional consultation.
Adv Shailendra Deshpande
(Expert) 03 July 2019
It is better to take benefits of ESIC as your contractors are regularly paying their contributions. This may also be beneficial in long run because Central & State Govt are taking efforts to bring max. employees under ESIC. The rates of contribution are also reduced w.e.f. 1st July 2019. Hence you can visit Local ESIC office and take their help to check registration of your company under ESIC.
Sudhir Kumar, Advocate
(Expert) 12 July 2019
If you are employing more than 10 employee regular /contractor you are liable to prove ESIC compliance by contractor / or you.
