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Section 38: Scheme by joint employers

The Employees’ State Insurance (General) RegulationsState Regulations of Chhattisgarh · 1948

Where an employee is ordinarily employed by two or more employers in a wage period, the employers of such an employee may, if they think fit, submit to the Corporation a scheme for the payment of contributions in respect of such employee and the Corporation may, if it is satisfied that the scheme is such as will secure the due payment of the contributions, approve such a scheme subject to such terms and conditions as it may think necessary :

Provided that if no such scheme is submitted to or approved by the Corporation, the Corporation may specify that any one of such employers shall be treated as the employer for the purposes of the provisions of the Act and the regulation relating to contributions, and in such a case the contribution for any wage period shall fall due on the last day of the wage period on which an employee was employed by the employer so specified.

39. Reckoning of wages of employee employed by two or more employers in the same wage period.

— Where an employee is employed by an employer for only a part of the wage period, or where an employee is employed by two or more employers in a wage period, only the wages payable to him for the days upto and including the day on which the contribution falls due for that wage period shall be taken into account in reckoning wages for the purposes of determining the average daily wages of the employee for that wage period.

Where this provision sits

ActThe Employees’ State Insurance (General) Regulations
Section38
Marginal noteScheme by joint employers
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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