:: ESI ::
Employee State Insurance Act, 1948
Applicability :
- All factories excluding seasonal factories employing 10 or more persons and working with power.
- All factories excluding seasonal factories employing 20 or morepersons and working without power.
- Any establishment which the Govt. may specifically notified as being covered.
- Shop employing 20 or more persons.
NOTE: As soon as the above conditions are fulfilled, the employer should get himself get registered under the ESI Act( Form -01) and obtain Employer's Code no.
Eligibility :
- Any person employed for wages (upto Rs 15000) a month, excluding remuneration for overtime work in or in connection with the work of a factory or establishment and,
- Any person who is directly employed by the employer in a factory or through his agent on work which is ordinarily part of the work of the factory or incidental to purpose of the factory.
Contribution :
- Employer : 4.75% of the gross wages
- Employee: 1.75% of the gross wages
- Employees' earning upto Rs. 70/- a day as wages are exempted from payment of their part of contribution.
Inspection :
ESI Dept. is empowered to visit and conduct surprise inspection / verification of records of any establishment, to ascertain and ensure compliance is done by the establishment as per the provisions of the ESI Act, 1948, both with regard to coverage and payment of contributions.
Penal Provision for non-payment
- For employees' contribution : Imprisonment for 2 yrs to max. 5 yrs and/or fine of Rs 25000.00
- For employer's contribution: Imprisonment for 6 mths to max 3 yrs and/or fine of Rs 10000.00
Benefits:
The very object of the Act is to secure sickness, maternity, disablement and medical benefits to employees of factories and establishments to the dependants of such employees.
Statutory Forms :
- Employers' Registration Form – Form 01
- Annual Information on Factory / Estt. Covered under ESI Act -Form 01(A)
- Declaration Form – Form 1
- Family Declaration – Form 1A
- Changes in Family Declaration -Form 2
- Return of Declaration – Form 3
- Identity Card – Form 4
- Family Identity Card – Form 4-A
- Return of Contribution – Form 5
- Statement of Advance Payment of Contribution made – Form 5-A
- First /Intermediate/Final Certificate – Form 7 (Confidential)
- Special Intermediate Certificate – Form 8 (Confidential)
- Sickness of Temporary Disablement Benefit – Form 12
- Maternity Benefit for Sickness – Form 12A
- Sickness or Temporary Disablement or Maternity Benefit for sickness-Form 9
- Maternity Benefit for Sickness- Form 13A
- Sickness or temporary disablement or Maternity Benefit for sickness-Form 14
- Abstention Verification inrespect of Sickness Benefit / Temporary Disablement Benefit / Maternity Benefit–Form 10(Confidential)
- Accident Book – Form 11
- Accident Report from Employer – Form 12
- Dependant's or Funeral Expenses (Death Certificate) Form 13
- Claim for Permanent Disablement Benefit – Form 14
- Claim Form for Dependant's Benefit - Form 15
- Claim for Periodical Payments of Dependant's Benefit – Form 16
- Maternity Benefit ( Notice of Pregnancy) – Form 17
- Maternity Benefit (Certificate of expected confinement ) – Form 18
- Claim for Maternity Benefit and Notice of Work – Form 19
- Claim for Maternity Benefit after the death of an insured woman leaving behind the child – Form 20
- Death Certificate in case of Confinement for Claiming MaternityBenefit - Form 21
- Funeral Expenses Claim Form – Form 22
- Life certificate for Permanent Disablement Benefit – Form 23
- Declaration and Certificate for Dependant's Benefit – Form 24