Dear Friends,
Could someone who is an expert in the above field clarify / adv me whether ESI act is applicable if the contract labourers working either in an interior contract or Civil contract work when they are covered under the Workmen compensation policy by the contracting company.
Appreciate your inputs.
Regds
L R Suresh
+91-98440 65825 / 96202 65825
From India, Bangalore
Could someone who is an expert in the above field clarify / adv me whether ESI act is applicable if the contract labourers working either in an interior contract or Civil contract work when they are covered under the Workmen compensation policy by the contracting company.
Appreciate your inputs.
Regds
L R Suresh
+91-98440 65825 / 96202 65825
From India, Bangalore
Dear suresh,
first let me know whether the principal employer is covered under esic or not.
secondly ,the area where the work is being carried out is covered under esic or not. if the principal employer and the area is covered under esic than the contract has to make compliance under esic act.
regards
mohan chauhan
From India, Mumbai
6first let me know whether the principal employer is covered under esic or not.
secondly ,the area where the work is being carried out is covered under esic or not. if the principal employer and the area is covered under esic than the contract has to make compliance under esic act.
regards
mohan chauhan
From India, Mumbai
Dear Mohan,
Let me clarify my question:
If the contractor engaged in civil / interior contracts at different locations takes a workmen compensation policy cover on the people employed at a particular project, does he have to again cover these labourers under ESIC also and contribute or can the workmen compensation policy act as alternate to ESIC cover?
Regds
L R Suresh
From India, Bangalore
Let me clarify my question:
If the contractor engaged in civil / interior contracts at different locations takes a workmen compensation policy cover on the people employed at a particular project, does he have to again cover these labourers under ESIC also and contribute or can the workmen compensation policy act as alternate to ESIC cover?
Regds
L R Suresh
From India, Bangalore
Dear Suresh,
Understand what Mr. Mohan says. Eventhough the contract has obtained workmen compensation policy, if the area / site / industry / shop where the contract workmen are working is covered under ESI act then irrespective of their coverage of WCA the contractor has to complete all formalities under ESI act and cover all the contract workers under ESI.
Noway the WC policy is alternative for ESI, if ESI coverage is not there then to avoid the risks the contract or any employee better to be covered under WC policy. If any unwanted situation occurs the contractor or employer has to pay huge amounts towards compensation hence WC policy.
I believe your question is answered.
Regards - kameswarao
From India, Hyderabad
Understand what Mr. Mohan says. Eventhough the contract has obtained workmen compensation policy, if the area / site / industry / shop where the contract workmen are working is covered under ESI act then irrespective of their coverage of WCA the contractor has to complete all formalities under ESI act and cover all the contract workers under ESI.
Noway the WC policy is alternative for ESI, if ESI coverage is not there then to avoid the risks the contract or any employee better to be covered under WC policy. If any unwanted situation occurs the contractor or employer has to pay huge amounts towards compensation hence WC policy.
I believe your question is answered.
Regards - kameswarao
From India, Hyderabad
Dear Friends
There is a latest amendments from ESIC, instruction no.4/99 addressed to all Regional Directors/Jr. Directors that:
Coverage was exmined at HO office at New Delhi, in construction industry the work is carried out through the construction workers at the construction sites where the projects are situated. The workers engaged in it are mobile and migratory in nature. The criteria and duration of employment also vary from the work to work. Due to the nature of employment and nature of workplace involving construction workers, enforcement of ESI Act in respect of such workers and organising Medical & other facilities for them which are normally available under the ESI Scheme will be difficult. Therefore the existing scheme under ESI act is neither applicable nor suitable for wokers engaged in contruction agency/office of the builders:-
In respect of those employees who are regularly employee of the construction agency but remain on tour at the site(s) of the construction in non-implemented area for a period of more that 7 months in a year, contribution may not be charged subject to the employer seeking exemption under Sec.88 of the ESI Act in respect of those employees.
Tapan
From India, Hyderabad
There is a latest amendments from ESIC, instruction no.4/99 addressed to all Regional Directors/Jr. Directors that:
Coverage was exmined at HO office at New Delhi, in construction industry the work is carried out through the construction workers at the construction sites where the projects are situated. The workers engaged in it are mobile and migratory in nature. The criteria and duration of employment also vary from the work to work. Due to the nature of employment and nature of workplace involving construction workers, enforcement of ESI Act in respect of such workers and organising Medical & other facilities for them which are normally available under the ESI Scheme will be difficult. Therefore the existing scheme under ESI act is neither applicable nor suitable for wokers engaged in contruction agency/office of the builders:-
In respect of those employees who are regularly employee of the construction agency but remain on tour at the site(s) of the construction in non-implemented area for a period of more that 7 months in a year, contribution may not be charged subject to the employer seeking exemption under Sec.88 of the ESI Act in respect of those employees.
Tapan
From India, Hyderabad
Dear Anup
Please go through http://esic.nic.in/CIRCULARS/standar...0111230911.pdf, which will give you clear idea about section 87 of ESI Act.
From India, Kumbakonam
Please go through http://esic.nic.in/CIRCULARS/standar...0111230911.pdf, which will give you clear idea about section 87 of ESI Act.
From India, Kumbakonam
Thanks Bhaskar for the reply but sry to correct you, my name is Anupma.
Ok, at this link information is given but i want know whether exemption from ESI Act is applicable only for Central/State level organisation ?
Also, if we are providing Worksmen Compensation Policy then is it necessary to provide ESI also in oilfield Service provider company ?
Kindly reply.
From India, Jaipur
Ok, at this link information is given but i want know whether exemption from ESI Act is applicable only for Central/State level organisation ?
Also, if we are providing Worksmen Compensation Policy then is it necessary to provide ESI also in oilfield Service provider company ?
Kindly reply.
From India, Jaipur
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Workmen Compensation Notification.pd f
Workmen Compensation Return.doc