PF & ESI
This query is : Resolved
09 August 2010
Dear Sir/Madam,
I want to clarify one doubt regarding PF & ESI Registration. i.e.
1.Should we considered while calculating the no of person, when register with ESI if any person get more than Rs.15000?
2.Should we considered while calculating the no of person, when register with PF if any person get more than Rs.6500 as basic pay?
S.Jegadeesan
I want to clarify one doubt regarding PF & ESI Registration. i.e.
1.Should we considered while calculating the no of person, when register with ESI if any person get more than Rs.15000?
2.Should we considered while calculating the no of person, when register with PF if any person get more than Rs.6500 as basic pay?
S.Jegadeesan
09 August 2010
For Registration purpose total number of employees to be considered as be the definition of employee given in the respective Acts.
09 August 2010
for both registration total no of employees to be considered irrespective of that whether they are receivng salary more than 6500/15000.
i,e if total no of employee exceeds the no. of employees required as per these act prescibed, but only 1 employee is in this limit, then also you have to registered himeself,
i,e if total no of employee exceeds the no. of employees required as per these act prescibed, but only 1 employee is in this limit, then also you have to registered himeself,
09 August 2010
In PF its very clear that 20 persons is the eligibility criteria.
But for ESIC.. there are different of opinions as the act says (while referring to minimum no. of employee)
"Coverage of Employees : A monthly wage limit is prescribed by the Central Govt. for the purpose of coverage of employees/workers of the aforesaid factories or establishments. An employee has been defined under Section 2(9) of the Act and means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies. The wage ceiling is enhanced from time to time. The existing ceiling effective from 01.05.2010 is15,000/- per month"
so it can be interpreted, when the ESI Act speaks about minimum 20 employees employed, it actually means 20 such employees as have been defined above i.e drawing upto Rs. 15000/- per month.
But for ESIC.. there are different of opinions as the act says (while referring to minimum no. of employee)
"Coverage of Employees : A monthly wage limit is prescribed by the Central Govt. for the purpose of coverage of employees/workers of the aforesaid factories or establishments. An employee has been defined under Section 2(9) of the Act and means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies. The wage ceiling is enhanced from time to time. The existing ceiling effective from 01.05.2010 is15,000/- per month"
so it can be interpreted, when the ESI Act speaks about minimum 20 employees employed, it actually means 20 such employees as have been defined above i.e drawing upto Rs. 15000/- per month.
09 August 2010
Thanks for your reply.
09 August 2010
Thanks Mr Jha for Clarifying the position ,but can you clarify more as word used by you is `opinion` & `Interpreted`,so is the position is `clear`without scope of any doubt /interpretations,or is it one section of people`s opinion/interpretation which is backed by case laws.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- REGARDING GST ON COMMERICIAL PROPERTY
- 15ca /15cb whose income tax login? remitter or nri seller's login?
- Regarding Documentation & Compliances for Opening of Unit of Pvt Ltd.
- GST on export of services and Input Credit
- TDS U/S. 194NF
- ITC temporary reversal and reclaim
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- Applicable TDS rate for sale of property in Nov 2024
- REGARDING 25 AS DATE OF PAYMENT AND DATE OF BOOKING
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
- Regarding einvoice taken on nil rated sales
- Strategical investment in Public listed company
Trending Online Classes
CAclubindia
