EMPLOYEES STATE INSURANCE ACT, 1948 (Part-1)

EMPLOYEES STATE INSURANCE ACT,1948

APPLICABILITY-:  

1) All production lines barring regular industrial facilities utilizing at least 10 people.

2) Any establishment which is the Govt. May specifically notify as being covered.

3) Shop employing 10 or more person.

4) To construction site workers.

 

NOTE-:

The manufacturer relationship of India has tested the augmentation of ESI plan to building site laborers under the watchful eye of Hon capable Supreme Court of India. Be justified in fact of the present case accordingly, the order of the Bombay High Court at Goa Dated 14.03.2017 passed in w.p. no 846 of 2016 also the ESIC circular dates 31.07.2015 shall remain stayed.

Taking into account above it is explained that no ESIC commitment ought to be gathered from building site laborers and from their manager during the time of stay request BY Hon able Supreme Court and Also no benefit could be extended to such workers during co-responding benefit period.

When the above condition are satisfied the business ought to outfit the detail in structure 1 to ESIC office online for enrollment under the ESIC demonstration 1948 and for acquiring of the employers code no.

ELIGIBILITY-:

1) Any person employed fro wages upto 21000/- pm excluding remuneration for overtime work in or in connection with the work of a factory or establishment.

2) Any person who is directly employed by the employer in factory or through his agent on work which is ordinary part of the work of factory incidental to purpose of the factory.

3) Any individual who is delegated incapacitate worker and working in the private segment with month to month compensation upto RS-25000/ - pm gave they are named on or after 01.04.2008.

4) No employees contribution for person drawing wages upto RS-176/- per day.


BENEFITS-:

 1) Free medical treatment is offered to covered employees at dispensaries and hospital run by the ESI corporation an tie up hospital, Limited to RS-10.00 lakhs per family /per year.
2) The above 70% of employees normal wages will be payable to him by ESI during sickness.
3) Maternity benefits for 26 weeks of which not more than 8 weeks should be preceding confinement
    a) 12 weeks maternity benefit to a Commissioning mother and Adopting Mother.
    b) Women having two or more surviving children can avail maternity benefit of maximum 12 weeks.
    c) Insured women shall included commissioning mother and adopting mother.
4) Injury during /in course of employment resulting  in temporary/permanent disablement entitled the covered employees to a regular payment to subscribe his lost wages.
5) Death during course of employment entitled specified dependents to  a regular  payment.
6) One time payment of RS-15000 to help meet funeral expenses.
7) Rajiv Gandhi Shramik Kalyan Yojana (Unemployment of the IPs who have been rendered joblessness automatic because of conclusion of production line/foundation/conservation or lasting disablement)
8) Vocational Rehabilitation Scheme (Applicable to IPs in whose case loss of earning capacity resulting from employment Injury,assessed as not less than 40%).
9) Insured person can avail cashless treatment in the hospital refereed by ESI hospital.
10) Medical benefit to IPs who have opted for VRS or superannuated.
11) Super Specialty Treatment -For I.P.- 90 days, family,190 days


PENAL PROVISION FOR NON PAYMENT-: 

For workers commitment: Imprisonment for 1yrs to max 3yrs or potentially fine of Rs-10,000/ -
For employers contribution : Imprisonment for 6 months to max 2yrs and /or fine of Rs- 5,000/-.

Temporary Disablement benefit and dependent benefit rates- 90% of the standard benefit rate.
Maternity benefit rate- Standard benefit rate.

1) manager can pay their ESI commitments either through net banking or check anyway first may 2015 just electronic installment will be acknowledged by ESIC through net banking of SBI or 58 Major Banks.
2) Due date of payment has changes from 21st of each months to 15th of each months.
3)On eighth April 2016 ESIC gave a notice wherein expressed that the enthusiasm on overlooked wages will be guaranteed in a similar way as asserting enthusiasm on customary commitment u/s 39(5) of the ESI act read with the regulation.The bonafied impression of employer whether remuneration paid to a worker in a covered unit constitute wages of the ESI act or not does absolve the employer from the liability of paying the interest on the delayed payment of contribution.
4) ESIC presented Aadhar based verification of the recipients under the demonstration Henceforth in regard of safeguarded individual who have entered their Aadhar no in the ESIC database won't have to separately enrolled for the Biometric Pehchan card.

5) ESI Act 1948 has come onto force in the following states.

EFFECTIVE DATE	STATES
1ST MARCH,2016	SEVERA REVENUE VILLAGES OF THE MALAPPURAM & KOTTAYAM DISTRICT IN KERALA.
1ST APRIL,2016	12 REVENUE VILLAGES IN HIMACHAL PRADSH.
1ST MAY, 2016	AREAS FAILING IN NARAYANPURAM AND ITS SURROUNDING 14 REVENUES VILLAGES IN UNGULUR MANDAL OF WEST GODAVARI DISTRICT IN ANDHRA PRADESH.
1ST  MAY,2016	5 DSTRICT IN TELANGANA AND 1 DISTRICT IN HARYANA
1ST AUGUST,2016	28 DISTRICT IN RAJASTHAN AND 20 DISTRICT IN MAHARASHTRA AND 8 DISTRICT IN JAMMU AND KASHMIR
1ST SEPT.,2016	9 DISTRICT IN ANDHRA PRADESH        4 DISTRICT IN KARNATAKA  16 DISTRICT IN BIHAR                             22 DISTRICT IN MADHYA PRADESH

 6)  Scale of medical benefit for Reimbursement-:

  An insured person and his family (Where such medical benefit is extended to his family) shall be entilted to receive reimbursement of medical treatment in emergent condition to the extend rate prescribd and published by the state Govt. or the corporation of the Central Govt. Health Scheme (CGHS).

7) ESI registration of employees will have to be filled within 10 days of joining in the establishment or ESIC will not allowed to generate the insurance number of new joinee.

ESIC commitment against the representative must be saved inside the due date you corridor not have the option to store the commitment online following 42 days from the finish of the contribution period.

8) In the standing committee meeting held on 29.03.2019. it has been decided to take up distribution of health Passbook on need basis. The Health Passbook shall be distribution to the Beneficiaries by employers and also by ESIC Through its Branch Office /DCBO's.


                                                              BENEFITS -: 

SICKNESS BENEFITS-: I.P. Should work for wages 78 no.of days in the corresponding C.P.
                                            91 days in any two back to back B.P.
                                            70% of S.B.R.
                                            Only to the insured person.

EXTENDED SICKNESS BENEFIT FOR SPECIFIED LONG TERM DISEASE -: 
            
In insurable employment for at least two years.should pay contribution min.of 156 days in the preceding 4 C P's.
124 days to 309 days during the period of two years.This May extended up to two year On Medical advice.
80% of S.B.R. Only to the insured person.

ENHANCED SICKNESS BENEFITS-:  

I.P. Should work for wages 78 no.of days in the corresponding C.P.
7 Days for vasectomy &14 days for tubectomy reached out if there should arise an occurrence of post usable difficulty.