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Follow on Google News | Consultancy Speaks about the Applicability of the ESI SchemeThe ESI Scheme serves as a savior for workers in instances of sickness & disablement. It is important to understand who comes under its umbrella and who doesn't. The MD of Bhasin Consultancy, an esteemed law firm in Delhi.
He says, "Under section 1 (4) of the Act, the ESI is applicable to all factories. The definition of a 'factory' under the act is any establishment where manufacturing is carried out. However, there are certain exceptions to the overall applicability of the scheme. If a factory carries out manufacturing activities without the help of electricity, then the factory has to employ more than twenty workers to fall under the radar of the act. Branch offices of any factory automatically come under the purview if there is a direct relationship between the head office and the branch. The government may, if it deems it fit, make the scheme applicable to any other commercial, industrial, or agricultural establishment, after giving a six month notice period. 'Bidi' manufacturers may also be brought under its purview, as long as there is a master-worker relationship involved." He adds, "There are certain notable exceptions to the applicability of the ESI. Mines and construction workers are not covered under the ESI. However, employees working at offices of mines and construction companies do fall under the ambit. Further, as the state provides for the medical benefits of the workers, those factories are not covered which do not have government hospitals in the vicinity. Another instance where the scheme is not applicable is when the government is convinced, after rigorous evaluation, that the employer is providing exceptionally good medical facilities." In conclusion, he says, "The ESI was constituted for the protection of the workers' interest in case he/she is unable to work anymore due to ill health. However, it has often been violated or misused, both by employers and employees, as is evident from the volume of pf cases in west Delhi. Both the government and individual law firms are doing their best so that nobody is cheated and those in need of the amenities get their due. Those facing any issues in this aspect may get in touch with us, as we have a dedicated team of pf esic consultant in Delhi." For more info : http://www.bhasinconsultancy.com/ End
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