Saturday, March 28, 2020

EMPLOYEES STATE INSURANCE ACT,1948 (Part-2)


 EMPLOYEES STATE INSURANCE ACT,1948


DISABLEMENT BENEFITS-:

Contribution conditionNo Condition

Duration-: Disablement: as long as insufficiency keeps going and if there should arise an occurrence of lasting disablement: forever time.

Rate-: For temporary Disablement 90% of S.B.R.
For permanent total disablement specified in part-1 of the 2nd schedule at the full rate of TDB.
For permanent partial disablement resulting from an injury specified in part-2 of the 2nd scheduled at such % age of the full rate as specified in the scheduled as being the % age of the loss of earning capacity caused by the injury.
For permanent partial disablement resulting from an injury not specified in part-2 of the 2nd scheduled such as % age of the FULL RATE payable in the case of permanent Total Disablement as is proportionate to the loss of earning capacity permanently caused by the inquiry.

EXPLANATION-:  

 Where more injuries than one more caused by the same accident the rate of accident the rate of benefits payable under clauses hall be aggregated but not so in any case as to exceed the FULL RATE and in cases of disablement not covered by clauses at such rate not exceeding the FULL RATE as may be provided in the regulation.

DEPENDENTS BENEFITS-:

Period-: Form day of entering insurable employment in case of death due to employment injury.

Duration-: To widow/s during life time until remarriage. To the widowed mother, to the legitimate or adopted SON/S until he attains the age of 25 years.
To the legatine and adopted unmarried daughter/s until the attain the age of 25 yrs. Of until marriage whichever is earlier.
(If the case of deceased person does not have leave a widow or legitimate or adopted child D.B. shall be payable to
A) Parent or grandparent for the life time.
B) Ant other male dependent until he attain the age of 25 years.
C) Any other female depend until she attain the age of 25 yrs or until marriage whichever is earlier.

RATE-:  3/5 of the full rate if there are two or more widows the amounts payable to the widow shall be divided equally between the widows.
2/5 of the full rate if there are two or more sons the amount payable to the son shall be divided equally between the sons. Subject to min RS -: 14/-.  
3/10 of the full rate .2/10 of full rate.

MATERNITY BENEFITS-:

Contribution-: payment of contribution for 70 days in preceding two consecutive contribution periods.

Duration-: 1) 26 weeks of which not more than the 8 weeks can precede the expected date of confinement. 2) 12 weeks of maternity benefit from the date of child is handed over to the commissioning mother after birth or adopting mother who adopts child mother who adopt child of up to 3 months of age as the case May be.3) 12 weeks of which not more than 6 weeks shall precede the expected date of confinement to insured woman having 2 or more surviving children.

Rate-: S.B.R. Point no. 01. Medical Bonus of Rs-5000/- where ESI hospital facility is not available for child delivery. Point no 2, 3.

MEDICAL BENEFITS-:

Contribution-: Reasonable Medical facilities for self and family from the day one of the entering insurable employment.

Duration-: Form the date of entry of an employee into an insurable employment so long as he remains in insurable employment and there after for certain additional period.

Rate-: Full Medical care including hospitalisation subject to maximum of RS-10.00 lacs per family per year.

To whom payable-: Person as well as his/her family member as defined u/s of the act.
 
FUNERAL EXPENSES-:

Contribution -: No condition
  
Duration-: One time lump-sum payment.

Rate-: Rs-: 15000/-

To whom payable-: To the eldest surviving member of the family of the deceased I.P. or then again to the individual who really causes the consumption on the burial service of an I.P.

REHABILITATION ALLOWANCES-:

Contribution-: No condition

Duration-: For each day of which I.P. remains conceded in counterfeit appendage focus of obsession fix or substitution of fake appendage.
Rate-: Double the standard sickness benefits rate but not less than full wages. Only to the I.P.

CONTRIBUTION PERIOD (C.P.) BENEFIT PERIOD (B.P.)
1st April to 30th September 1st January to 30th June
1st October to 31st March 1st July to 31st December

RECORD TO KEEP READY FOR INSPECTION-:
1) Attendance Register/Muster Roll
2) Salary/Wages Register/Payroll
3) EC (Employees and Employers Contribution) Statement.
4) Accident Register U/R 66.
5) Receipt Copies OF Challans.
6) Inspection Book.
7) Employer and Bank Detail.
8) Book of Account
9) Contractor Detail.


ESIC-IMPORTANT CHANGES AT A GLANCE

1)
Contribution
Repelling of a chapter V A and consequent discontinuances employer’s special contribution.

01.07.1973
2)
Rates of Contribution
EE shares            EP shares
1) 2.00 of wages 5% of TWB=7%
2) 2.25%......5%  = 7.25%
3) 1.50%.....4% = 4.50%
4) 1.75%.....4.75% = 6.50%
5) 0.75%.....3.25%= 4%

1) 07.07.1983-26.01.1985
2)27.01.1985 -31.03.1992
3) 01.04.1992 -31.12.1996
4) from 01.01.1997
5) From 01.07.2019.
3)
Ceiling limit for coverage.
Total Wages

Rs-400/-
Rs-500/-
Rs-1000/-
Rs-1600/-
Rs-3000/-
Rs-6500/-
Rs-7500/-
RS-10000/-
Rs-15000/-
Rs-25000/- (for physically handicapped)
Rs-21000/-
Date from which applicable
Up to 30.06.1973
From 01.07.1973
From 30.11.1975
From 27.01.1985
From 01.04.1992
From 01.01.1997
From 01.04.2004
Form 01.10.2006
From 01.05.2010
Form 01.04.2011

From 01.01.2017
4)
Ad hoc calculation of contribution
Assumed wages per month
Rs-350/-
RS-440/-
Rs-550/-
Rs-880/-
Rs-1650/-
Rs-3575/-
Rs -4125/-
Rs-5500/-
Rs-8250/-
Rs-11550/-

From 01.06.1976
From 07.09.1980
From 01.04.1983
From 27.01.1985
Form 01.04.1992
Form 01.01.1997
Form 01.04.2004
Form 01.10.2006
From 01.05.2010
Form 01.01.2017.
5)
Rate of Interest
Rate

6%
12%
15%
12%
Period from which applicable
Up to 19.10.1989
From 20.10.1989
Form 01.09.1994
From 01.01.2017
6)
Rate of Damages
19%

13%

Slab System
a) Below 2 month= 5%
b)2 months & above but below 4 months = 10%
c) 4 months and above but below 6 months= 15%
d) 6 months and above = 25%
From up to 09-75 up to 19.10.1989
Form 20.10.1989 to 31.12.1991
From 01.10.1992


List of the diseases for which extended sickness benefits is Admissible

1) Tuberculosis    2) Leprosy   3) Chronic Empyema 4) Bronchaiactesis 5) Monoplegia   6) Intersistial Lung Disease 7) HIV/AIDS 8) Maligent disease   9) Diabetis 10) Hemiplegia 11)   Paraplegia 12) Hemiparesis  13) Intracranial space occupying lesion 14) Spinal chord Compression 15) Parkinson’s disease 16) Myaesthenia Gravis/Neouromuscular Dystrophis 17) Immature Cataract with vision 6/60 or less 18)Detachment of Retian 19) Glaucoma 20) Coronary Artery Disease 21) Congestive heart failure left/right 22) Cardiac valvular Disease with failure Complications 23) Cardimyopathies 24) Heart Disease with surgical Intervention alongwith Complication 25) Chronic Obstructive Lung Disease (COPD) with congestive heart failure. 26) cirrhosis of liver with ascitie /chronic active hepatitis 27) Dislocation of vertebra / prolapsed of intervertebral disc.28) Non union and delayed union of fracture


Following Documents are required for deciding final date of coverage under the ESI ACT /EPF survey.

                                        MANUFACTURING UNIT

1) Date of first trial production
 2) 1st Electricity Bill
3) Detail Of Gala Purchase (copy of agreement)
4) 1st Sales Bill
5) 1st Purchase Bill
6) C.S.T. & B.S.T.Certificates.
7) Books of Accounts (ledger, cashbook etc) since beginning
8) Balance sheet/P&L account (in case of limited company Annual Report    
            Since Beginning.)
9) Shop an Establishment Registration Certificate/Factory License
           10) Salary & wages Register and attendance Register since beginning
           11) Month wise Strength of Number of employees since Beginning.
           12) List of director /Partners/owners/Along with their residential addresses.
           13)  Name of the bankers, Address of the bank and Name of the person   
               Responsible for financial Affairs.
                           
                               RESTAURANT /RESIDENTAL HOTEL
1) Above all documents except. Sr.no.01
2) 2) Invitation card or paper cutting of the Advertisement with respect to The Inauguration of The Restaurant/Hotel.
3) 3) Eating house permit from the general well being office (BMC)
4) License for public entertainment in the premise issued by the police department
5) 1st Sale Bill
6) Room Sale Registered
7) Excise Certificates
8) Bar Permit License (if any)

Following points jointly are taken into consideration while clubbing the units
1) Unity of ownership
2) Unity of Labour
3) Geographical proximity
4) Source of Finance
5) Supervision and Control
6) Service Conditions of workmen
7) Function Integrality
8) Unity of Purpose
9) General.







 


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