Dear Ditti,
For the proving of exemption of ESI is not manditory to produce infront of Client/labour inspector/any other statutory bodies,bz before asking the declaration from your end they should aware of the same.for that there is no need of submittin letter stating exemption of ESI.
Regards
Puttaraju.M
From India, Mumbai
1For the proving of exemption of ESI is not manditory to produce infront of Client/labour inspector/any other statutory bodies,bz before asking the declaration from your end they should aware of the same.for that there is no need of submittin letter stating exemption of ESI.
Regards
Puttaraju.M
From India, Mumbai
Dear Ditti,
I understand that you depute your employee to a client who is covered under the ESI Act. If your assignment is purely of supply of manpower and in return u raise a bill on the basis of assignment/job performed by your personnel at client's place then you need to furnish the extract of salary sheet to the client for the period under contract. If you raise a bill on the no. of persons supplied to client place then your bill should indicate no. of persons rate per person, supervision fees etc. This record is to be maintained by client to show to the ESI inspector when come for inspection. I have my own doubt that only on the basis of your letter he will satisfy.
From India, Mumbai
I understand that you depute your employee to a client who is covered under the ESI Act. If your assignment is purely of supply of manpower and in return u raise a bill on the basis of assignment/job performed by your personnel at client's place then you need to furnish the extract of salary sheet to the client for the period under contract. If you raise a bill on the no. of persons supplied to client place then your bill should indicate no. of persons rate per person, supervision fees etc. This record is to be maintained by client to show to the ESI inspector when come for inspection. I have my own doubt that only on the basis of your letter he will satisfy.
From India, Mumbai
hi,
i feel you need to write a letter to this LI stating that 'Mr....ecode.has been employed under our role as ........and his monthly remuneration is fixed as Rs....... which more than ESI limit(here u can mention the section name & page...if need) and hence he is not eligible for ESI deduction.
A copy of his offer letter/salary slip is attached herewith.
(u can also attach the sheet from book of ESI act which shows the section)
hope this will help and the LI cannot ask for any ESI clarification.If posible let your superior talk to him/her directly.
regards
Manikumar
From India, Bangalore
i feel you need to write a letter to this LI stating that 'Mr....ecode.has been employed under our role as ........and his monthly remuneration is fixed as Rs....... which more than ESI limit(here u can mention the section name & page...if need) and hence he is not eligible for ESI deduction.
A copy of his offer letter/salary slip is attached herewith.
(u can also attach the sheet from book of ESI act which shows the section)
hope this will help and the LI cannot ask for any ESI clarification.If posible let your superior talk to him/her directly.
regards
Manikumar
From India, Bangalore
The issue is not relating to the authority of a Labour Officer but drafting a letter for the clients of Ditti for onward submission to the Labour Officer. Some drafts have also been uploaded. If satisfied, any one can have it. That's all.
Now the discussion has taken a turn by questioning the authority of Labour Officer. In fact, a Labour Officer is not an employee like that employed by a private organisation. He has quasi judicial powers conferred on him through various labour enactments. His roles and authorities will vary according to circumstances noted in different Acts. As such he can be a Conciliation Officer by virtue of Industrial Disputes Act, he is the authority for settlement of gratuity issues, he presides over conciliations relating to Bonus, he is the authority to deal with matters connected with Payment of Wages and implementation of Minimum Wages and so on. Therefore, we cannot lay down his authorities but it is there always. He can enter the premises of your work at any time without prior intimation and take evidence from the persons employed. Whatever the workers speak about your organisation, wage paid to them or facilities offered to them during his inspection shall have binding on you. We are not suppose to question the intention of a Labour Officer who can very well ask any employer to produce any record, books or files for taking evidence on any enquiry he is carrying out. If the Labour Officer has demanded to give a declaration to the effect that one employee is out of ESI coverage, the employer is expected to give it. We are just giving a declaration in the form of certificate that such and such employee is out of ESI coverage. Certainly, the LO can demand for production of Wage register and related documents which he has not done. One of the members has been misled that submission of pay slips, wage register etc takes place only when the Officer is NOT SATISFIED with the declaration that the employer furnishes. Therefore, I feel there is nothing wrong in giving the information called for by the Labour Officer.
Regards,
Madhu.T.K
From India, Kannur
Now the discussion has taken a turn by questioning the authority of Labour Officer. In fact, a Labour Officer is not an employee like that employed by a private organisation. He has quasi judicial powers conferred on him through various labour enactments. His roles and authorities will vary according to circumstances noted in different Acts. As such he can be a Conciliation Officer by virtue of Industrial Disputes Act, he is the authority for settlement of gratuity issues, he presides over conciliations relating to Bonus, he is the authority to deal with matters connected with Payment of Wages and implementation of Minimum Wages and so on. Therefore, we cannot lay down his authorities but it is there always. He can enter the premises of your work at any time without prior intimation and take evidence from the persons employed. Whatever the workers speak about your organisation, wage paid to them or facilities offered to them during his inspection shall have binding on you. We are not suppose to question the intention of a Labour Officer who can very well ask any employer to produce any record, books or files for taking evidence on any enquiry he is carrying out. If the Labour Officer has demanded to give a declaration to the effect that one employee is out of ESI coverage, the employer is expected to give it. We are just giving a declaration in the form of certificate that such and such employee is out of ESI coverage. Certainly, the LO can demand for production of Wage register and related documents which he has not done. One of the members has been misled that submission of pay slips, wage register etc takes place only when the Officer is NOT SATISFIED with the declaration that the employer furnishes. Therefore, I feel there is nothing wrong in giving the information called for by the Labour Officer.
Regards,
Madhu.T.K
From India, Kannur
Hi Ditti, I need some information regarding ESI. Please pass on your contact number if possible. Regards, Nidhi
From India, Mumbai
From India, Mumbai
Labour Inspector have no right to ask this type of letter, if he ask u verbally request you to please issue a letter with provision, so that we can provide /reply in proper way, Only ESI inspector can check the details at the time of inspection, how much person member of ESI and can check Form 12 n its deposit challan., in this regard you can requst only with the inspector please issue a letter in writing .
Madhukar
Madhukar
Hi all
Can any one send me draft letter .
Issue is : We had deducted the ESI contributions for one of our branch which is not applicable for ESIC and we paid ESIC challans for few months for this branch . But now can i ask bank to revert this amount to Our ESIC Acccount or not?? if yes pls send me the draft(format).
Regards,
From India, Hyderabad
Can any one send me draft letter .
Issue is : We had deducted the ESI contributions for one of our branch which is not applicable for ESIC and we paid ESIC challans for few months for this branch . But now can i ask bank to revert this amount to Our ESIC Acccount or not?? if yes pls send me the draft(format).
Regards,
From India, Hyderabad
Dear SIr,
my office is out of 20 km. radius from Esi office. so I'm not taking service from ESI office.
soo I want exemption letter and the letter should be mentioned about 20 km radius from ESI office.
kindly tell me the mathod of exemption letter.
thank you
From India, Jodhpur
my office is out of 20 km. radius from Esi office. so I'm not taking service from ESI office.
soo I want exemption letter and the letter should be mentioned about 20 km radius from ESI office.
kindly tell me the mathod of exemption letter.
thank you
From India, Jodhpur
This kind of exemption is not possible. An establishment is exempted when the area is not under the ESI notified area. Please find whether the office is located in ESI notified area or not. Obviously, if your establishment is registered, it should be under notified area only.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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