Evet (Manager - HR) 30 March 2010

ESIC Applicability

Hi,

My Question:

1) If we have 20 employees and only 5 fall under ESIC, then will the act become applicable to our organisation?

2) If we have 1 employee only under ESIC, but we have employees through a contractor (more than 20) then, will my organisation need to register under ESIC.

Can you pls give me your comments.

Regards,
Evet

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2 Replies

mouraly (Advocate) 30 March 2010

Sir I have seen your question right now.

my opinion for your first question is NO because as per the rules of the ESIC while counting the strength of the employees, they will count only the covered employees not the exempted employees. Hence your establishment or organisation will not comes under the ESIC act.

my opinion for your second question is YES because your contractor has or have not a separate ESI code number, if your contractor is default in payment of remittance, then the principal employer is liable. Your establishment have one employee ( without principal emplyer contractor cannot comes under ESIC act.) based on this principle, your establishment comes under ESIC coverage, but you can remit only to your employee ( one number ) only if the contract has a separate ESIC code number. otherwise you have to remit for all the employees

please reply your opinion

thanking you,

mouraly, advocate, Pondicherry.