Employee State Insurance Corporation is an autonomous body created by the law under the Ministry of Labour and Employment, Government of India.
The ESI Act 1948, encompasses certain health related eventualities that the workers are generally exposed to; such as sickness, maternity, temporary or permanent disablement, Occupational disease or death due to employment injury, resulting in loss of wages or earning capacity-total or partial. Social security provision made in the Act to counterbalance or negate the resulting physical or financial distress in such contingencies, are thus, aimed at upholding human dignity in times of crises through protection from deprivation, destitution and social degradation while enabling the society the retention and continuity of a socially useful and productive manpower.
This scheme was started for Indian workers. The workers are provided with a huge variety of medical, monetary and other benefits from the employer. Any Company having more than 10 employees (in some states it is 20 employees) who have a maximum salary of Rs. 21000/- has to mandatorily register itself with the ESIC.
Benefits of ESI Registration
The section 46 of the Act envisages following six social security benefits :-
- Medical Benefit : Full medical care is provided to an Insured person and his family members from the day he enters insurable employment. There is no ceiling on expenditure on the treatment of an Insured Person or his family member. Medical care is also provided to retired and permanently disabled insured persons and their spouses on payment of a token annual premium of Rs.120
- Sickness Benefit(SB) : Sickness Benefit in the form of cash compensation at the rate of 70 per cent of wages is payable to insured workers during the periods of certified sickness for a maximum of 91 days in a year. In order to qualify for sickness benefit the insured worker is required to contribute for 78 days in a contribution period of 6 months.
- Maternity Benefit (MB) : Maternity Benefit for confinement/pregnancy is payable for Twenty Six (26) weeks, which is extendable by further one month on medical advice at the rate of full wage subject to contribution for 70 days in the preceding Two Contribution Periods.
- Disablement Benefit
- Temporary disablement benefit (TDB) : From day one of entering insurable employment & irrespective of having paid any contribution in case of employment injury. Temporary Disablement Benefit at the rate of 90% of wage is payable so long as disability continues.
- Permanent disablement benefit (PDB) : The benefit is paid at the rate of 90% of wage in the form of monthly payment depending upon the extent of loss of earning capacity as certified by a Medical Board.
- Dependants Benefit(DB) : DB paid at the rate of 90% of wage in the form of monthly payment to the dependants of a deceased Insured person in cases where death occurs due to employment injury or occupational hazards.
- Other Benefits :
Funeral Expenses : An amount of Rs.15,000/- is payable to the dependents or to the person who performs last rites from day one of entering insurable employment.
Confinement Expenses : An Insured Women or an I.P.in respect of his wife in case confinement occurs at a place where necessary medical facilities under ESI Scheme are not available.In addition, the scheme also provides some other need based benefits to insured workers. Vocational Rehabilitation :To permanently disabled Insured Person for undergoing VR Training at VRS.
Physical Rehabilitation : In case of physical disablement due to employment injury.
Old Age Medical Care :For Insured Person retiring on attaining the age of superannuation or under VRS/ERS and person having to leave service due to permanent disability insured person & spouse on payment of Rs. 120/- per annum.Rajiv Gandhi Shramik Kalyan Yojana : This scheme of Unemployment allowance was introduced w.e.f. 01-04-2005. An Insured Person who become unemployed after being insured three or more years, due to closure of factory/establishment, retrenchment or permanent invalidity are entitled to :-
- Unemployment Allowance equal to 50% of wage for a maximum period of upto Two Years.
- Medical care for self and family from ESI Hospitals/Dispensaries during the period IP receives unemployment allowance.
- Vocational Training provided for upgrading skills – Expenditure on fee/travelling allowance borne by ESIC.
Atal Beemit Vyakti Kalyan Yojana : This scheme is a welfare measure for employees covered under Section 2(9) of ESI Act, 1948, in the form of cash compensation upto 90 days, once in a lifetime, to be claimed after three months in one or more spells for being rendered unemployed, provided the employee should have completed two years of insurable employment and has contributed not less than seventy eight (78) days in each of the four consecutive contribution periods immediately preceding to the claim of the relief. The relief shall not exceed twenty five percent (25%) of the average earning per day.The Scheme was introduced w.e.f. 01-07-2018. The scheme is implemented on pilot basis for a period of two years initially.
Incentive to employers in the Private Sector for providing regular employment to the persons with disability :
- Minimum wage limit for Physically Disabled Persons for availing ESIC Benefits is 25,000/-.
- Employerss’ contribution is paid by the Central Government for 3 years.
- Benefits & Contributory Conditions :
An interesting feature of the ESI Scheme is that the contributions are related to the paying capacity as a fixed percentage of the workers wages, whereas, they are provided social security benefits according to individual needs without distinction.
Cash Benefits are disbursed by the Corporation through its Branch Offices (BOs) / Pay Offices (POs), subject to certain contributory conditions.
Who should apply for ESI Registration?
- Restaurants or Hotels only engaged in sales.
- Road Motor Transport Establishments;
- Newspaper establishments (which is not covered under the factory act)
- Private Educational Institutions
What are the documents required for ESI Registration?
The documents required for the registration are –
- A registration certificate obtained either under the:
- Factories Act
- Shops and Establishment Act
- Certificate of Registration in case of Company, and Partnership deed in case of a Partnership
- Memorandum of Association and Articles of Association of the Company
- A list of all the employees working in the Establishment
- PAN Card of the Business Entity as well as all the Employees working under the entity
- The compensation details of all the employees
- A cancelled cheque of the Bank Account of the Company
- List of Directors of the Company
- List of the Shareholders of the Company
- Register containing the attendance of the employees
After collecting all the above-mentioned documents the following procedure is to be followed for the registration of the ESI:
- Form No – 1 (Employers Registration Form) is to be downloaded and filled.
- After downloading the PDF version of the form and filling it, it has to be submitted on the website itself along with the above-mentioned documents.
How many return required to be file under ESI?
After the registration ESI Returns have to be filed twice a year. The following documents are required for the filing of the returns:
- Register of Attendance of the Employees
- Form 6 – Register
- Register of wages
- Register of any accidents which have happened on the premises of the business
- Monthly returns and challans
ESI Registration is crucial while filing application of esi registration, many technical issues need to be resolve. You can application esi registration through esi portal or else hire ESI Expert to get esi registration. EAdvisors ESI Expert team can provide you esi registration.