ESI

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

16 June 2010 Sir want to know how the no of employees i,e 10 employees shall be calculated. if we have 50 employees drawing more than Rs 30000/- and 1 employee is drawing Rs 12000/- only so do we need to register and deduct ESI on his salary ? It is the total no. of employees working in the concern or the no of eligible employees falling in the category.

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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16 June 2010 Coverage of Factories

The Act in the first instance applies to all non-seasonal factories, using power and employing 10 or more persons, and to non-power using factories employing 20 or more persons for wages on any day in implemented areas. There is an enabling provision in the Act under Section 1(5) to extend to other classes of establishment – industrial, commercial, agricultural or otherwise. Most of the State Govts. have extended the provision of the Act to the following class of establishments, i.e., shops, hotels, restaurants, cinemas including preview theatres, road-motor transport agencies, newspaper establishments employing 20 or more persons.

A factory once covered remains covered even if the number of employees at any later stage falls short of the stipulated number of 10 or 20 or the manufacturing process therein ceases to be carried on with the aid of power. The Act does not apply to workers engaged in mining operations, railway running sheds, certain seasonal factories operating for less than 7 months in a year. Factories or establishments run by the State Govts./ Central Govt. whose employees are in receipt of social security benefits substantially similar or superior to those provided under the Act can be exempted from coverage.

At the time of calculatio of employee , you need to count employee in factory without checking their salary.
i.e in your case , you have registed itself in esi act and deduct esi of 1 employee and deposit the same.