ESI ACT FOR ENTREPRENEURS by : DR. T.K. JAIN AFTERSCHO ☺ OL centre for social entrepreneurship sivakamu veterinary hospital road bikaner 334001 rajasthan, india FOR – CSE & PGPSE STUDENTS (CSE & PGPSE are free online programmes open for all, free for all) mobile : 91+9414430763
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Where does this act applies ? The Act applies in the first instance to all factories (including factories belonging to the Government) other than seasonal factories [Section 1(4)]. the govt (in consultation with ESI corporation) may extend the provisions to hotels / shops / other offices also there must be 20 employees in that establishment for ESI act to apply. However, later if the number of employee falls below 20, the act will continue to apply.
What is employment injury under ESI act? personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment , being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India. [Section 2(8)]
If the accident takes place out of India, is it still admissible in ESI act? Yes, The accident may occur within or outside the territorial limits of India. However, there should be a connection between the accident and employment. The place or time of accident should not be totally unrelated to the employment (Regional Director, E.S.I. Corpn. v. L. Ranga Rao, 1982 I-L.L.J. 29).
A worker was injured while knocking the belt of the moving pulley, though the injury caused was to his negligence, is it employement injury? Yes read : Jayanthilal Dhanji Co. v. E.S.I.C., AIR AP 210
a workman attending duty in spite of threats by persons giving call for strike and was assaulted by them while returning after his duty was over. Is it employment injoury? Yes read : E.S.I. Corpn. Indore v. Babulal, 1982 Lab. I.C. 468
Is an apprentice also an employee ? As per sec. 2(9) Yes any worker, even temporary / contractual person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof, or with the purchase of raw materials of, or the distribution or sale of the product of the factory or establishment; or any person engaged as an apprentice, is an employee
there was a canteen and cycle stand run by private contractors in a theatre premises.Is the theatre owner liable as principal employer for the payment of E.S.I. contributions Yes read : Royal Talkies Hyderabad v. E.S.I.C., AIR 1978 SC 1476
What is the meaning of factory in this act? Same as in the case of factory act. 10 or more persons with power 20 or more persons without power working in any presinct / premises and doing any manufacturing process.
What is manufacturing process? Same as in the factories act : making / altering / etc. Of any object
What is wages ? all remuneration paid or payable in cash to an employee if the terms of the contract of employment, express or implied, were fulfilled doesnt include : gratuity / pension / TA etc. But includes : leave encashment / lockout or legal strike compensation etc. (read sec 2(22)
What are the bodies under the act? ESI Corporation : having a chairman, a vice-chairman and other members representing interests of employers, employees, state governments/union territories and medical profession. It also manages ESI fund. ESI corporation appoints regional boards / committees etc. & sets up hospitals. ESI Courts are set up by state governments to administer the act.
WHAT IS THE PUPOSE OF THIS ACT? It provides social security to employees. Whenever any employee suffers any injury or suffers any severe problem, ESI act helps the employee. Thus it is a part of employee welfare.
What types of benefits are available ? There are 6 types of benefits available in ESI : 1. sickness benefit (when employee suffers injury or falls ill) 2. maternity benefit (for woman employee – leave when she is pregnant) 3. temporary & permanent disablement benefit (when employee is not able to work – benefits) 4.Death benefit / dependent's benefit 5. funeral benefit 6. medical benefit
What is medical benefit ? When an employee falls ill or suffers some injury, complete medical care – (free of cost) is borne by ESI corporation. Thus it is a big support
What is sickness benefit ? When the employee has paid contribution for not less than 78 days during the corresponding contribution period and has been in service for at least 9 months, the employee can get sickness benefit. Sickness benefit starts from 3 day of sickness (first two days are called waiting period). The employee gets his wages from ESI during sickness period.
What is extended sickness benefit? 34 diseases have been identified - which may require extended sickness benefit. In these cases, the employee gets 124 days of benefits initially, and later may get for 309 days. Extended sickness may be availalbe for 2 years of period (730days) of sickness.
What is the difference between enhanced & extended sickness benefit ? Enhanced sickness benefit is availalbe only for family planning operation (from 7 to 14 days). During extended sickness benefit, the employee is paid half the wages / but in enhanced sickness benefit – full wages is paid (double the extended benefit). Period of enhanced benefit is upto 14 days, but in extended benefit – it is upto 730 days.
What is maternity benefit ? In case of confinement (pregnancy & birth) = 12 weeks in case of miscarriage/ abortion = 6 weeks in case of sickness due to pregnancy = 1 month death due to pregnancy = to nominee Wages @ normal rate is paid to employee as maternity benefit (thus it is double the normal sickness benefit). Form no. 20 to 24B – whichever is applicable has to be submitted.
What is the difference between temporary, permanent and permanent total disablement ? Temporary = when the worker cant do the job he was doing earlier – but he can still do other jobs very well. Permanent partial disablment= when there is reduction in earning capacity of the employee in all types of jobs – including the present job. He can still work – but the efficiency is less permanent total disablement – here the employee CANT work in ANY job after the accident
How much temporary disablement benefit is payable ? Form no. 16 has to be submitted the employee has to get examined in ESI hospital benefit = 40% above normal sickness benefit (almost 85% of the normal wage rate).
How to claim Sickness Benefit? A claim for Sickness Benefit should be supported by a Medical Certificate issued by an Insurance Medical Officer (IMO) /Insurance Medical Practitioner (IMP) in the appropriate Form. Medical Certificates are issued at intervals of not more than seven days, except in cases of prolonged sickness, where Special Intermediate Certificates may be issued at longer intervals not exceeding 4 weeks. On the back of each certificate, except the Special Intermediate Certificate, a Claim Form is printed.
WHAT IS DEPENDENT'S BENEFIT ? Dependents Benefit is a monthly pension payable to the eligible dependents of an insured person who dies as a result of an Employment Injury or occupational disease. It is 70% of normal wages (equal to temporary disablment benefit). 3/5 of it will go to widow and 2/5 will go to dependent children
What is funeral benefit ? ESI corporation reimburses funeral expenses of the employee not exceeding Rs. 2500/-
What is sickness ? When an employee falls ill and is not able to work due to this, it is called sickness. Sickness signifies a state of health necessitating medical treatment and attendance and abstention from work on medical grounds. Financial support extended by the ESI Corporation is such a contingency is called Sickness Benefit.
What is the body implementing ESI? ESI corporation is the main body implementing ESI act there are ESI hospitals in every city – where the employee can get free medical treatment
What is the contribution for this scheme? Both employer and employee pay some contribution to join ESI scheme. Employer pays 4.75% of employee's wages Employee pays 1.75% of his wages as contribution. Thus total 6.5% contribution is collected from the wages of the workers.
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