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ESI Coverage

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(Querist)
31 August 2009 Dear Friends,

I have a query relating to ESI applicability in a software firm with the following conditions:

1. Applicability of ESI in a company having more that 21 employees, of which 18 employees are drawing less than Rs. 10,000/-

2. Applicability of ESI in a company having more that 40 employees, of which more than 20 employees are drawing less than Rs. 10,000/-

Look forward to hear from you all.
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Manmohan ACA, CS

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Manmohan ACA, CS (Expert)
01 September 2009 AS per ESIC vs MM suri associates Private Ltd. it is not enough that 20 or more emploee must be employed , they must be employee as per section 2(9). and sectiom 2(9), which deal with the definition of empolyee, does not consider peroson drawing salary less then Rs. 10000 p.m.

SoESI act is not applicable on both the companies.
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