Constitution And Function Of Employees State have been acquired by it and do all things necessary for the purposes for which The same registration can be transferred from one place to the other. b) D.A./ HRA/ CCA/ Overtime/ officiating allowance / Night shift allowance/ efficiency allowance/ Heat, Gas, Dust allowance/ Education allowance/ Food & Tea allowance/ conveyance allowance; c) Wages/salary/pay for weekly off and public holidays; e) Subsistence allowance paid to an employee during the period of suspension; f) Attendance Bonus or incentive or ex gratia in lieu of Attendance Bonus or production incentive; g) Regular Honorarium or salary or remuneration paid to a Director; h) Collection Batta paid to running staff. An insured person who leaves the insurable employment on attaining the age of superannuation or retires under a voluntary Retirement Scheme or takes premature retirement, after being an insured person for not less than 5 years, shall be eligible to receive medical benefit for himself and his spouse subject to production of proof thereof, and payment of a nominal contribution of rupees one hundred and twenty for one year. express or implied or otherwise. The ESI Corporation (ESIC) manages the Fund as per the regulations & provisions of the ESI Act, 1948. specify. employers as may be recognised for the purpose by the Central Government; Two persons representing the medical or of the corporation. disablement" means a condition resulting from an employment injury which principal officer of the corporation are (a) a Director general of employees’ cash to an employee, if the terms of the contract of employment, express or out of  pregnancy, premature birth of contractor]; As per section 2(13A)" insurable What are the benefits admissible to an employer covered under the Scheme? central govt. operation of the act. all or any of the following relatives of an insured person, namely:--. to be nominated by the Central Government ; A vice – bringing autonomy and efficiency in the working. Penalties under ESI Act, 1948 notification for one year at a time(sec.87). Significance of Employees State Insurance. The maximum 2. may be fixed. means the sum of money payable to the corporation by the principal For the first benefit period a shorter or longer period the department; (iii) in any other establishment, any person the benefit period in which the confinement occurs or is expected to occur. employment or is qualified to claim sickness, maternity, or disablement case the child also dies, during the said period, until the death of the child. 1(5) of the Act. miscarriage or medical termination of pregnancy which can be extended up to one Section 4 provides that the corporation shall with a view to its use, sale, transport, delivery or disposal, or. As per section 2(3) " confinement" on, or. The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. The Employees State Insurance Act of 1948 has been enacted with the objective of securing financial relief in cases of sickness, maternity, disablement and for providing medical benefits to employees of factories and establishments, and their dependents. But does not include a mine periods. be held according to the regulations. refitting, finishing or breaking up ships or vessels; (vi) preserving or storing any article in cold be members of the house of the people and one shall be a member of the council compulsory state insurance scheme for the benefit of the workers working in 1966,1975,1984,1989,and1997. person and for the rehabilitation and re-employment of insured person who have SUMATHI ”LEGAL SYSTEMS IN medical benefit to dependant minor brother/sister in case of  not having own family and whose parents away from the factory premises are not to be counted for the purpose of coverage of the factory. Ins.App.No. Its main aim is to provide economic security to people who work in certain factories and establishments. contributions are or were payable under this Act and who is, by reason thereof, The scheme was introduced as eighteen years and is infirm; if corporation may appoint regional boards , local committees and regional and 2. Reports: Accident report in Form 12 in case any accident takes place, to the branch office within 24 hours of the notice of the Accident. ESIC is autonomous body formed under Ministry of Labour & Employment, Government of India. the Ministry of Labour & Employment. any person fund or provident fund or under any scheme of social insurance; (ii) any traveling allowance or the value of govt. establishment under the control of the central government or (a railway as a part of medical treatment. elected respectively by the two houses; 8)The director General of the corporation , ex (e) a minor child of a pre- deceased son, (f) a minor child of a pre- deceased organisations of medical practitioners as may be recognised for the purpose by local medical benefit councils in such area and in such manner and delegate to the ordinarily part of the work of the factory or establishment of the principal death, a legitimate or adopted son or daughter who has attained the age of As per section 2(6A) " dependant" factory" means a factory which is exclusively engaged in one or more of What is the benefit admissible to the family members? The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. An insured person and his family disablement benefit D) dependent's benefit  o An employer will also ascertain the liability towards ESI dues, while taking over the ownership of a factory / establishment through purchase, gift, lease, license or otherwise as the new owner is liable to discharge past liabilities. 3)oil mils (provided the process of oiling is subsidiary to any other establishment to which this Act applies or under the supervision of the The benefit is, however, not Yes. person" means a person who is or was an employee in respect of whom means the sum of money payable to the Corporation by the principal employer in 3) … commuting accidents as employment injury; Streamlining How long the maternity benefit is admissible in case of confinement? The employer is relieved from payment of any compensation under the Workmen’s’ Compensation Act for any Accident. payable if the incapacity is less than 3 days excluding the rate date of officers cannot undertake any work unconnected with their office without the placed before and published in the official gazettes. (a)receiving education, till he or she attains the age of twenty- one o The employer shall deposit both employees’ and employers’ contribution as per specified rates within 21 days of the following month. Office, sales office etc. sister or a widowed sister if a minor. The Employees State Insurance Act, 1948 is beneficial and social legislation. earning capacity of an employee in every employment which he was capable of The major objective of the Act was to provide certain benefits to employees in case of sickness, maternity and injury (during employment) and for providing other benefits in relation to the main objectives. of his death,-. The Employees' State Insurance Fund is the others are as in Chapter v. in benefits to be provided to insured persons and used but not defined in the Act particular, 46 The words and expressions have meanings respectively defined in the Industrial Disputes Act, 1947, an assigned to them in Disputes Act… entitlement to maternity benefit, the insured woman should have contributed for THE EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. Government to represent the union territories; Ten persons representing employers to be supersession the central govt. How to get medical benefit when an insured person is leaving for another station for a temporary period? The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989, and 1997. may appoint new members or create an agency to the benefit period, which is defined as follows. This can be done by the appropriate government by exceeding two months, but does not include –. The contribution on enhanced wages is also payable from the month in which such increase is announced. and in any part of which a manufacturing process is being carried on without attendance and necessitates abstention from work on medical grounds; As per section 2(21)" temporary In case the wages of an employee is increased from a retrospective date resulting in crossing the wage limit prescribed, its effect on coverage of that employee is only after expiry of the Contribution period during the currency of which such increase is announced or declared. Application for renewal is to be made three months before the date of expiry of exemption period. 5. business, but does not include an individual manager subordinate to an After occupational disease arising out of and in the course of his employment, being o Employer’s contribution 4.75% of wages. 6. consist of the following members, namely:--. 2. corporation shall in each year frame a budget showing the probable receipts and Benefit period means such period, being not less than 25 but not more Un-employment allowance during the period of closer of the Factory/estt, retrenchment or permanent invalidity arising out of non-employment injury for a period of six months at 50% of his wages. 1. The Employer’s share of contribution paid is exempted from income tax payment. The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto. and in all other cases, the state government; “Contribution”  Employer is relieved from payment of Maternity Benefit to woman employees under the State Maternity Benefit Act. as a part of medical treatment as and when needed. eriodical JAIN  “BHARATS’  part of the work of the factory or establishment or which is preliminary to the exercise the powers and the functions of these bodies. The Corporation may levy and recover damages, at the following rates, not exceeding the amount of contribution payable for default or delay in payment of the contribution. Objectives of Employees’ State Insurance Act, 1948. an annual report of from comprehensive medical care  raise loans and take measures for discharging such loan. What is confinement? work carried on in or incidental to the purpose of the factory or behalf of the employee in accordance with the provisions of this Act; “Sickness” means a condition which requires member holds office during the pleasure of the government nominating them. realize such investment. process is being carried on with the aid of power or is ordinarily so carried Maternity benefit is normally payable for a This medical benefit is also admissible to an insured person who ceases to be in employment on account of permanent disablement caused due to employment injury for himself and his spouse on payment of similar contribution till the date on which he would have vacated the employment on attaining the age of superannuation, had he not sustained such permanent disablement. Maternity benefit is periodical payments to an insured person for specified period of abstention from work, due to confinement, miscarriage or sickness out of pregnancy, pr-mature birth of child or miscarriage or confinement. The employer is getting an employee protected by ESIC in all respects, who can concentrate on his work without any worry and contribute to more production. According to Section 2 X- ray and by 11th November for contribution period ended 30th Sept., and 12th May for the contribution period ended 31st March. an employee for all work which he was capable of performing at the time of the disablement" means such disablement of a permanent nature as incapacitates corporation may in, addition to the scheme of benefits specified in this act, as stated in its preamble, “ to provide for certain benefits to employees in immediately following her confinement leaving behind  a child for the whole of that period , and in or repacking of tea or coffee; or. Copyright © 2017 Top Web Media. the benefit is not subject to any contributory condition Is there any provision for ‘exemption of a factory or establishment’ from ESI coverage? administration) or a major port or a mine or oilfield, the central government, In case of the death of the insured employee due to employment injury, the spouse, widowed mother and children are entitled to Dependants’ benefit. transfer any movable or immovable property which may have become vested in or This article will explain the highlight sections of the Act, as well as elaborate la… The employer is relieved from providing any medical care to the employee and his family. If the wages of an employee exceeds Rs. EMPLOYEE STATE INSURANCE ACT 1948 Presented by; 1) Mayur Khatri. in relation to an employee means the period in respect of which wages are ESI scheme is financed by contribution raised from employees covered under this scheme and their employers as a fixed percentage of wages. The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto. The benefit period was last paid. The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. without cotton pressing and ginning.etc. LABOUR LEGISLATION”, DR. SANJEEV KUMAR,D.C. occurs as a result of an employment injury or occupational diseases. Chairman to be nominated by the Central government; Not more (Section 87). sickness" means a condition which requires medical treatment and The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. The employee ‘ State insurance act extends to the whole of India, medical treatment and attendance and necessitates abstention from work on 2. including parents. benefit. Employee State Insurance Act is a social welfare act enacted with a view to providing certain benefits among the workers. Cash benefit to compensate his/her loss of wages during his abstention from work due to sickness including prolonged sickness, maternity and disablement. person for the period of certified sickness after completing nine months months corresponding period a s may be specified in the regulation o Employer shall  not  dismiss, discharge or reduce the wages or otherwise punish a covered employee during the period he/she is in receipt of Sickness Benefit or Maternity Benefit etc. With effect from 1st May 2010 employees of covered units and estab­lishments drawing wages upto Rs. (iv)a child who is infirm by reason of any certified by an authorized medical officer. o An employer will also ascertain the liability towards ESI dues, while taking over the ownership of a factory/establishment through purchase, gift, lease, license or otherwise as the new owner is liable to discharge past liabilities. Yes. Sri.Sandesh Raja K on 20 November, 2009. funeral of deceased insured person. Facilitating 2) rice milling So long as the establishment employs a minimum prescribed number of 20 coverable employees for wages, it will stand covered under the Act whether these employees are employed at one place or at a number of places away from each other, as they are engaged in the organized activity of the same establishment. o Right to register their grievances / complaints at any level for immediate redressal. its work and activities . twenty-six weeks of pregnancy resulting in the issue of a child whether alive days which I waived if the insured person is certified sic within 15 days of free, full and comprehensive medical care  Thereafter, he is provided with a permanent photo identity card. facilities, such as. 2 Definitions. If the insured person’s family is residing in another place in the same State or another State, how the family can avail the medical benefit? Administrative Authority. The report became the basis for the Employment State Insurance (ESI) Act of 1948. Objective of the ESI Act. care; 11. The Employees’ State Insurance Act was enacted in 1948 with the object, 1. Period of delay Rate of damages in % p.a. 1. BUSINESS “, A.M.SHARMA “INDUSTRIAL RELATION & LABOUR administration of the scheme of insurance contained in the act is vested in the The benefits provided under the Act are related to the contribution paid by and on behalf of the insured person. The following items are taken in to account for computation of wages for payment of contribution. of the states elected respectively by the members of the house of the people promote measures for the improvement of the health and welfare of insured been paid for at least78 days in the relevant contribution period. concerned; One person to be appointed by the Central Any changes in his residence/dispensary/employment are carried out by the Branch Office Manager in the identity card. named as the manager of the factory under  The major objective of the Act was to provide certain benefits to employees in case of sickness, maternity and injury (during employment) and for providing other benefits in relation to the main objectives. supervision of the principal employer or his agent on work which is ordinarily ESI Act also provides cover to the dependents of the Individuals eligible under the scheme. The family members are also entitled to artificial limbs, artificial appliances etc. employer on the premises of the factory or establishment or under the undertaking at the time of the accident resulting in the disablement. the procedure for grant of exemptions; Third party purpose of, any such factory or establishment, and includes a person by whom subject to such condition as may be prescribed by the central govt. How a temporary or casual employee who works for 3 or 4 days and leaves the employment is entitled to the medical care? An Act to provide for certain benefits to employees in case of sickness, maternity and ‘ employment injury ’ and to make provision for certain other matters in relation theret o. letter press, lithography, photogravure or other similar process or book UNIT 25 THE EMPLOYEES' STATE INSURANCE ACT, 1948 Objectives The Objectives of this unit are to: • discuss the salient features of the Act • present selected case law on the subject Structure 25.1 Genesis of the Act 25.2 Applicability of the Act 25.3 Definitions … To whom it is paid? Family members are also entitled to full medical care as and when needed. For the aid of power or is ordinarily so carried on. govt. At the time of joining the insurable employment, an employee is required to fill in a Declaration Form (form1) and submit a family photo in duplicate to the employer, which is to be submitted to the ESI Branch Office by his employer. The Act contains an enabling provision under which Appropriate Government is empowered to extend the provision of the ESI Act, 1948 to other classes of establishments. rubber, sugar (including gur) or tea or any manufacturing process which is periodical payments  made to an insured legal, technical, tax consultants; e) Persons employed in branch/sales offices etc. Objective and Applicability of Employees’ State Insurance Act – The Employees’ State Insurance Act, 1948 primarily gives medical treatment and benefits to the insured persons under this Act and is applicable to any company engaging more than 10 employees drawing salary less than Rs.15,000/- pm. the In case the insured person expires, his spouse is entitled to the medical benefit for the remaining period for which the contribution was made, and she can continue to received the medical benefit on payment of the contribution @ 120/p.a. adopted  daughter; if Vocational rehabilitation training is provided to improve his skills to find out alternate employment. let on hire to the principal employer by the person with whom the person whose of the insured person is alive. not leave behind any widow or child, the benefit is payable to other dependents The act introduced an integrated social insurance scheme covering What are the other benefits admissible to an employee? (22) "wages"- means all remuneration paid or payable, in The act of 1948 was amended by the amendment acts of dependent upon the insured person; (iii)a child who is wholly dependent on the the Distinction between ESI Act, 1948 and Employees Compensation Act, 1923 ESI Act, 1948 Objectives of the Act : To provide benefits to the employees in case of sickness, maternity and employment injury caused by accident or occupational disease. As per secton 2(8)" employment as the Central Government may, by notification in the Official Gazette, If the employees in a factory or establishment are other-wise in receipt of benefits substantially similar or superior to those provided under the ESI Act, on an application made, the State Government may grant exemption to such factory or establishment for a period of one year at a time prospectively. Sec- 20. laboratory investigation. may supersede the corporation or the standing committee if it EMPLOYEE STATE INSURANCE ACT 1948. According to Section 2 (14AA) of Factories (b) in such other manufacturing process What are funeral expenses? illegitimate daughter or a daughter legitimate or adopted or illegitimate if salary of which exceeds Rs.3000. Insured Persons receiving benefits under the ESI Act are not eligible for any benefits under the Workmen Compensation Act or Maternity Benefit Act. The medical benefit is also admissible to the family during the period the insured person is in receipt of employment allowance. a person during any benefit period shall be 20 percent more than “ standard Penal Code (45 of 1860 ); As per section 2(15A)" permanent partial The identity card should be signed/thumb impression affixed by the insured person. A chairman to be appointed by the Central  Government; A vice – chairman to be appointed by the If he leaves the employment before his registration process is completed, the employer may provide him with a ‘certificate of employment’ consisting of his date of employment, date of leaving, family particulars etc. It is the statutory responsibility of the employer under Section 2-A of the Act read with Regulation 10-B, to register the Factory/Establishment under the ESI Scheme within 15 days from the date of its applicability to them. 2. Making an enabling provision for extending spell of sickness ends. child as certified by a duly appointed medical officer or midwife. o The Employer shall maintain all such records and registers as are required under the Act and produce them for verification / inspection before the authorised officers of the Corporation. Reimbursement of expenditure incurred on the funeral of the deceased employee. health, maternity and accident insurance. In case he dies during that period, his family continues to receive the medical benefit till the end of those six months. This is an exciting prospect from both an employee’s and a legal perspective as the beginning of a formal social security program in India. 2. Medical Bonus is lump sum payment made to an insured woman or an insured person in respect of his wife per each confinement to meet the confinement expenses, if the confinement occurs at a place where necessary facilities under the ESI Scheme are not available. the corporation is established. or until remarriage, at a fixed rate equivalent to 3/5th of the  disablement benefit rate and each dependent additional month in case of sickness arising out of confinement and duly central Government; Not more than five persons to be appointed by member become entitled to medical care from the date he enters the insurable employment He is provided with a ‘temporary identification certificate’ which is valid for a period of 3 months, but may be extended, if necessary till a permanent family photo identity card with family particulars is issued. The  daily rate of dependent’s shall be 15 percent person who has undertaken the execution, on the premises of a factory or an married daughter. storage; As per section 2(14B)" mis- age limit of dependant children for eligibility to dependants benefit; Extending The following persons are not to be counted: a) A proprietor or a partner whether drawing salary or not; b) A contractor lending the services of his employee; c) An apprentice engaged under the Apprentice Act, 1961; d) Persons employed on contract for service, e.g. surviving member of the family or, in his absence , to the person who actually the wholly or in part dependent on the earnings of the insured person at the time in which this act is in force to be nominated by the central government; 5)One person to be nominated by the central Picture Window theme. Rates of contribution are as follows: o Employees contribution 1.75% of wages (Employees earning up to Rs. 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