Please explain below topics:
1) Is statutory deduction is applicable(PF,ESI) during he/she is on sick/maternity leave?
2) What happen if the accident happen on Friday night and Saturday will be factory/establishment W/O then Sunday is govt holiday what should be done?
3) How to calculate ESIC if employee is on sick leave? as per leave policy employee entitled for half pay during seek leave.
and how to calculate if any female employee is on maternity leave(when she entitled for full wages during maternity leave)
From India, Kolkata
1) Is statutory deduction is applicable(PF,ESI) during he/she is on sick/maternity leave?
2) What happen if the accident happen on Friday night and Saturday will be factory/establishment W/O then Sunday is govt holiday what should be done?
3) How to calculate ESIC if employee is on sick leave? as per leave policy employee entitled for half pay during seek leave.
and how to calculate if any female employee is on maternity leave(when she entitled for full wages during maternity leave)
From India, Kolkata
The question is very well explained in law :-
During Maternity the women is entitled to maternity benefit under the Maternity Benefit Act, her active services hold in abeyance during that time, so the period as we call it is "Vacuum". So no ESIC or PF is deducted. As Payment of Wages Act is supplemented by Maternity Benefit Act for that period.
Now Sick leave, under ESIC there is specific provision for Sick Leave and Sickness Benefit. But keeping it aside ESIC is deducted on wages that an employee earns in lieu of work. if you are paying him sickness benefit, that is not wages. So over and above the payment for work there is no deduction as that is not wages but benefit.
See Employees State Insurance or ESI Act, Rules, Forms, Returns : Simplified
From India, Kolkata
180During Maternity the women is entitled to maternity benefit under the Maternity Benefit Act, her active services hold in abeyance during that time, so the period as we call it is "Vacuum". So no ESIC or PF is deducted. As Payment of Wages Act is supplemented by Maternity Benefit Act for that period.
Now Sick leave, under ESIC there is specific provision for Sick Leave and Sickness Benefit. But keeping it aside ESIC is deducted on wages that an employee earns in lieu of work. if you are paying him sickness benefit, that is not wages. So over and above the payment for work there is no deduction as that is not wages but benefit.
See Employees State Insurance or ESI Act, Rules, Forms, Returns : Simplified
From India, Kolkata
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Bombay Anand Bhavan Restaurant-vs- ESIC SC 2-09-2009.pdf
ESIC Amendment.doc