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Union of India - Section

Section 38 in Employees' State Insurance (General) Regulations, 1950

38. Scheme by joint employers -

Where an employee is ordinarily employed by two or more employers in a [wage period] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).] the employers of such an employee may, if they think fit, submit to the Corporation a scheme for the payment of the 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 condition 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] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).] shall fall due on the last day of the [wage period] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).] on which an employee was employed by the employer so specified.