Esi

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Querist : Anonymous

Querist : Anonymous (Querist)

24 December 2014 As per ESI Act, we need to cover those employees whose gross salary is below Rs15K per month.

can you please update it is applicable IT Company/ software Development company?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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24 December 2014 Yes, ESI is very much applicable to IT/ITES industries.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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24 December 2014 yes this industry is also applicable............

Querist : Anonymous

Querist : Anonymous (Querist)

24 December 2014 Can you please share ESI Act were mention in IT company under ESI act.

Querist : Anonymous

Querist : Anonymous (Querist)

24 December 2014 So that i will be more clear

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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24 December 2014 specifically they have not been excluded hence it means they are included.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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24 December 2014 Pursuant to Section 1 of the Employees' State Insurance Act, 1948 (ESI Act), the ESI Act is applicable to all factories in the first instance. The appropriate government however is empowered to extend the provisions of the ESI Act to other class of establishments with appropriate notice. In a recent ruling, while determining the applicability of the ESI Act to a software company, the Bombay High Court took a view that software development is a manufacturing process and the premises where computers are involved in such a manufacturing process is a factory for the purposes of the ESI Act.

https://www.employmentlawalliance.com/firms/trilegal/articles/software-companies-are-factories-as-per-new-court-ruling

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Querist : Anonymous

Querist : Anonymous (Querist)

24 December 2014 Sir it is applicable in Gurgaon also in Haryana.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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24 December 2014 Yes it should be you can consult the ESI officials there.