THE EMPLOYEES’ STATE INSURANCE ACT, 1948 : November 09 THE EMPLOYEES’ STATE INSURANCE ACT, 1948 OBJECTIVE : OBJECTIVE The object of the Act is to secure sickness, maternity, disablement and medical benefits to employees of factories and establishments and dependents’ benefits to the dependents of such employees. APPLICABILITY : APPLICABILITY To all Factories & establishments employing 20 or more employees.
Every employee drawing wages upto Rs. 10,000/- per month. Contribution under ESI Act,1948 : Contribution under ESI Act,1948 1. Employees : 1.75% on total monthly wages
2. Employer : 4.75% on total monthly wages Time & Method for payment of Contribution : Time & Method for payment of Contribution Both the employer’s and the Employees’ contribution are to paid in cash or by cheque , into the State Bank of India or any other bank authorized by the ESI Corporation, by filling in a prescri-bed Challan in quadruplicate within 21 days following the end of the calendar month in which the contribution falls due.
The Bank will retain two copies of the Challan and return other two to the employer, one for submitting to the Regional Office of the Corporation and the other for the record of the employer. Procedure for Registration : Procedure for Registration The employer of a factory or an establishment desirous of registering it under the Act has to send to the Regional Office within 15 days from the Act becomes applicable to it a Declaration of Registration in the prescribed form. Upon receipt of the Declaration of Registration the Regional Office shall if satisfied that the factory or the establishment is covered by the Act, allot to it a Code Number and thereupon the factory or the establishment shall stand registered under the Act. Benefits under the Act : Benefits under the Act Six kinds of benefits are provided under the Act:
Medical benefit and
Funeral expenses. Benefits under the Act : Benefits under the Act 1. Sickness benefit :
Insured employees is entitled to receive for the period of his sickness as the daily “standard benefit rate”.
Minimum 78 days of the corresponding contribution is must.
Benefit is not available for the first 2 days of sickness.
Maximum period for benefit is 91 days in one year.
Standard benefit rate” : The daily rate which sickness benefit is payable to an insured employee during the period of his sickness.
Lowest rate is Rs. 14/-
Highest rate is Rs. 195/- Benefits under the Act : Benefits under the Act 2. Maternity benefit :
Confinement, miscarriage or medical termination of pregnancy,
Sickness arising out of pregnancy, confinement, premature birth of child or miscarriage or medical termination of pregnancy.
Minimum 80 days in the immediately preceding two consecutive contribution periods is must.
Maximum period for benefit is 91 days in one year. Benefits under the Act : Benefits under the Act 3. Disablement benefit :
Permanent disablement, whether total or partial, as a result of an employment injury ( personal injury caused by an accident arising out of and in the course of employment).
Benefit for the whole of life. Benefits under the Act : Benefits under the Act 4. Dependents’ benefit :
When an insured employee dies as a result of an employment injury, his widow and children and in case the employee does not leave behind him a widow or children, his other dependants, are entitled to receive periodical payments. Benefits under the Act : Benefits under the Act 5. Medical benefit :
Sickness of Insured employee or (where medical benefits is extended to his family) a member of his family.
Available to the employee during any period for which contributions are paid in respect of him or in which he can claim sickness benefit. Benefits under the Act : Benefits under the Act 6. Funeral expenses :
In case of death of an insured employee, the eldest surviving member of his family, and if the employee had no family or was not living with his family at the time of his death, then the person who actually incurs expenditure on the funeral of the employee, is entitled to receive the a payment called “funeral expenses”.
Maximum permissible amount of such payment is Rs. 2500/- Benefits cannot be combined : Benefits cannot be combined An employee is not entitled to receive two benefits at the same time. That means he cannot receive for the same period.
Both sickness benefit and maternity benefit; or
Both sickness benefit and disablement benefit for temporary disablement; or
Both maternity benefit and disablement benefit for temporary disablement. FORMS : FORMS Form 1
return of declaration form.
return of contribution [half yearly returns].
application for accident report. Slide 16: Form 37
certification of employment.
application for change of dispensary branch office.
application for duplicate ESI card.
change in family declaration report. Offences : Offences If any person -
Fails to pay any contribution payable by him under the Act; or
Deducts from the wages of an employee the employer's contributions ; or
Fails to submit any return required by the regulations, or makes a false return.
He would be punished with imprisonment upto 1 year or with fine upto Rs. 4000/- or with both Revision w.e.f. 01.12.2007 : Revision w.e.f. 01.12.2007 The daily rates of sickness benefit as given under rules 55 has been increased by 20 per cent.
Daily rates of disability benefits have been increased to 50 per cent form 40 per cent.
Daily rates of dependent’s benefit have been increased to 50 per cent from 40 per cent.
Funeral expenses given under rule 59 has been increased to Rs. 3,000/- from Rs. 2,500/- Slide 19: THANK YOU.