Esic - Vocational Training

Dear all seniors
im dinesh working in 5*company. few Questions for you
here students come for vocational training for a period of below six months as part of their curriculam.
again they goes back to work is it ompulsary to deduct esi contribution 1.75% and will they cover under uprentice act.
what is the maximum percentage of H.R.A. & how to calculate it.
is there any problem If HRA exceeds Basic.
it would be greatful to me if some one answered this queries

Dear Dinesh,
Your Company does not have any Statutory Liability to provide them such facilities.
If your company wishes to give such Welfare Facilities to those students then it is acceptable.
Apprentice Act covers Vocational Trainee, you can cover them under Group Medical policy under WC which you would be existing in your Company,instead of ESIC.
Ref: ESIC Corp.Mumbai v/s Indian Hume PipesCo.Ltd.(1963)2LLJ.104(Bom)
An Apprentice is a trainee not a employee/worker, and any provision of Labour Law does not apply to him unless they are specifically made applicable to him.
Regards,
Shahu

"Vocational Certificate Holder" means a person who holds a certificate in
a Vocational Course, involving two years of study after the completionof secondary stage of school education, recognized by the All India Council for Technical Education;
Engineering Graduate or Diploma Holder or Vocational Certificate
holder who had training or job experience for a period one year or
more, after the attainment of these qualifications shall be eligible for being engaged as an apprentice under the Act;

HRA Calculated on PF Base;
50% of salary in case of residential accommodation taken on rent is situated in Bombay ,Calcutta ,Delhi, or Madras (Chennai) and 40 % of salary in in any other case.

Boss they are catering students we are giving 1000/-p.m. as stipend
every month we are disbursing 20,000-25,000 as stiphend with out diducting the ESI from it.
one of ESI inspector said that ESI contribution is mandatory for the Trainees as per the new ESI amendment. i brought this information to my manager but he denied it.
just i want is it mandary of deducting ESI from Stiphend for the trainees(students)

Ask that inspector for new amendment.
Statutory Deductions such as PF/Gratuity/PT are calculated on PF base i.e. Basic+D.A.
and ESIC on Gross.