I would like to know what that means "additional remuneration to become wages has to be paid at intervals not exceeding two months as distinguished from being payable...There has to be an actual payment". What does this line means and every time I read about benefits its says contribution paid or is payable for X amount of days...Kindly let me know the exact and elaborate meaning of the above mentioned lines.
Regards
Vikas
From India, Calcutta
6Regards
Vikas
From India, Calcutta
Sir,
It appears that you want to initiate discussion on some of the the words viz.-"paid or payable" and "paid at intervals not exceeding two months"as used in section 2(22) of the Employees' State Insurance Act, 1948. So far as I understand, these words are very clear and there is no ambiguity. The term "wages" also include amounts which are payable and due, but not paid by the principal employer. If the employer will not pay due and payable wages at the close of wage period (like the cases of sick mills), it does not mean that he should not deposit the due amount of contribution with the ESI authorities. The interest and damages are chargeable from the date when the contribution on said wages becomes "payable". The date when the contribution becomes payable has been laid down under Regulation 31 of ESI (General) Regulations, 1952.
So far as the words"paid at intervals not exceeding two months" are concerned, it will reflect those payments, which are paid at an interval of exceeding to two months. In actual practice there are no such amounts since as per salary structure of an establishment, the wages are either paid as per wage period fixed and if not paid then the same attains the status of "payable". The term "wage period" has been defined in section 2(23) of said Act. However, it can cover cases like annual bonus, yearly balance leave encashment etc.
In my opinion, while framing the provisions of any Act and rules/regulations thereunder,every efforts is made by the legislature not to leave any chance of ambiguity so that the provisions are not misused.
I hope, as a student of labour laws, my understanding of above words may be correct. However, you are welcome to share with me any area where I may have not properly recorded my views as above.
From India, Noida
It appears that you want to initiate discussion on some of the the words viz.-"paid or payable" and "paid at intervals not exceeding two months"as used in section 2(22) of the Employees' State Insurance Act, 1948. So far as I understand, these words are very clear and there is no ambiguity. The term "wages" also include amounts which are payable and due, but not paid by the principal employer. If the employer will not pay due and payable wages at the close of wage period (like the cases of sick mills), it does not mean that he should not deposit the due amount of contribution with the ESI authorities. The interest and damages are chargeable from the date when the contribution on said wages becomes "payable". The date when the contribution becomes payable has been laid down under Regulation 31 of ESI (General) Regulations, 1952.
So far as the words"paid at intervals not exceeding two months" are concerned, it will reflect those payments, which are paid at an interval of exceeding to two months. In actual practice there are no such amounts since as per salary structure of an establishment, the wages are either paid as per wage period fixed and if not paid then the same attains the status of "payable". The term "wage period" has been defined in section 2(23) of said Act. However, it can cover cases like annual bonus, yearly balance leave encashment etc.
In my opinion, while framing the provisions of any Act and rules/regulations thereunder,every efforts is made by the legislature not to leave any chance of ambiguity so that the provisions are not misused.
I hope, as a student of labour laws, my understanding of above words may be correct. However, you are welcome to share with me any area where I may have not properly recorded my views as above.
From India, Noida
Dear Mr Harsh,
Thx a lot fr the above explanation....
I would also like to know what's the difference between a contribution period and cash benefit period.
A person who contributes in a contribution period can avail benefits only in corresponding cash benefit period?.Kindly elaborate it with an example
Regards
Vikas
From India, Calcutta
Thx a lot fr the above explanation....
I would also like to know what's the difference between a contribution period and cash benefit period.
A person who contributes in a contribution period can avail benefits only in corresponding cash benefit period?.Kindly elaborate it with an example
Regards
Vikas
From India, Calcutta
Dear Mr Harsh,
if any factory/establishment is covered under esic act.Employer has to register it within 15 days of the act becoming applicable through ONLINE process. I would like to know that does he have to submit form 01 also to the Regional or branch office along with other documents or registration via ONLINE process is sufficient
Regards
Vikas
From India, Calcutta
if any factory/establishment is covered under esic act.Employer has to register it within 15 days of the act becoming applicable through ONLINE process. I would like to know that does he have to submit form 01 also to the Regional or branch office along with other documents or registration via ONLINE process is sufficient
Regards
Vikas
From India, Calcutta
Sir(s),
In order to know Contribution Period and corresponding Benefit Period, kindly see Regulation 4 of ESI (General) Regulations, 1952. Further in order to get your factory/establishment registered under ESI Act, I think now you are required to register the same online. In order to know the procedure for online registration, I will suggest you to contact the appropriate Branch Office or Regional/Sub-Regional/Divisional Office of ESIC. I think, you will get proper guidelines from the above offices.
From India, Noida
In order to know Contribution Period and corresponding Benefit Period, kindly see Regulation 4 of ESI (General) Regulations, 1952. Further in order to get your factory/establishment registered under ESI Act, I think now you are required to register the same online. In order to know the procedure for online registration, I will suggest you to contact the appropriate Branch Office or Regional/Sub-Regional/Divisional Office of ESIC. I think, you will get proper guidelines from the above offices.
From India, Noida
Dear Mr Harsh,
I know about contribution period and benefit period and i am also aware of online registration process. I think that u haven't read my questions properly. What i want to know is that contribution of IP during contribution period and benefit period how are they linked and if a person contributes will he be getting benefit in cash benefit period. Secondly i know about online registration but want to confirm that do we need to send hard copies as well of required documents with form 01(employers registration form)...
Regards
Vikas
Regards
Vikas
From India, Calcutta
I know about contribution period and benefit period and i am also aware of online registration process. I think that u haven't read my questions properly. What i want to know is that contribution of IP during contribution period and benefit period how are they linked and if a person contributes will he be getting benefit in cash benefit period. Secondly i know about online registration but want to confirm that do we need to send hard copies as well of required documents with form 01(employers registration form)...
Regards
Vikas
Regards
Vikas
From India, Calcutta
Sir,
The returns of contributions (now online) submitted by the employers are examined by the Branch Office of ESIC at the time of deciding eligibility for benefits. The working of such linking contributions and benefits is done by the Branch Offices.
So far as online procedure for registration is concerned, I have already suggested to contact the appropriate offices of ESIC.
From India, Noida
The returns of contributions (now online) submitted by the employers are examined by the Branch Office of ESIC at the time of deciding eligibility for benefits. The working of such linking contributions and benefits is done by the Branch Offices.
So far as online procedure for registration is concerned, I have already suggested to contact the appropriate offices of ESIC.
From India, Noida
Dear Mr. Vikas,
Further to the comment of Mr. Mehta, plz. note that when you will apply for ESI Regd. online, then the dept. will send you the ESI Regd. No. through provided e-mail.
After receiving the e-mail, its the duty of employer to submit Form- 1 (mentioning ESI Code no.) along with all supporting documents to the dept. office within 15 days.
Hope this will clear your doubt.
From India, Delhi
Further to the comment of Mr. Mehta, plz. note that when you will apply for ESI Regd. online, then the dept. will send you the ESI Regd. No. through provided e-mail.
After receiving the e-mail, its the duty of employer to submit Form- 1 (mentioning ESI Code no.) along with all supporting documents to the dept. office within 15 days.
Hope this will clear your doubt.
From India, Delhi
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