Esi for daily workers
ashok thakker
(Querist) 31 March 2013
This query is : Resolved
Sir,
We are into Tea Warehousing business, being seasonal business we employ daily workers to up up to seasonal pressure of work over and above permanent workers.Are we liable to pay ESI subscription for daily workers and how as they are migrant in nature they change employer to their chice and whims.
please guide,
regards,
ashok thakker
Sudhir Kumar, Advocate
(Expert) 01 April 2013
read definition of employees in section 2(9) of ESI Act
(9) “employee” means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and -
(i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere; or
(ii) who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment; or
(iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service; and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment 9or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment; but does not include -
(a) any member of 10the Indian naval, military or air forces; or
11(b) any person so employed whose wages (excluding remuneration for overtime work) exceed such wages as may be prescribed by the Central Government :
Provided that an employee whose wages (excluding) remuneration for overtime work) exceed 12such wages as may be prescribed by the Central Government at any time after (and not before) the beginning of the contribution period, shall continue to be an employee until the end of that period;
ashok thakker
(Querist) 01 April 2013
Sir, Thanks,
So in this case should i take as we have to pay contribution of ESI for both employer and employee,s as workers are not willing to allow us to deduct any amount from their daily wages, pl clarify,
regards,
ashok thakker
Raj Kumar Makkad
(Expert) 01 April 2013
You have liability under the Act as defined above.
H.M.Patnaik
(Expert) 01 April 2013
Dear Ashok,
As cited by Mr. Sudhir, you are liable to comply the provisions under ESI Act ,So also the employees are bound to contribute their share of ESI as per law. In case of resistance from Employees' side, you cantake the matter to the knowledge of the jurisdictional ESI Commissionerate for resolving the issue.
ashok thakker
(Querist) 03 April 2013
Thanks to you all for advice...
regards,
ashok thakker
