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Eligibility
Every employee (including casual and temporary employees), whether employed directly or through a contractor, who is in receipt of wages up to Rs. 6,500/- per month is entitledto be insured under the E.S.I. Act. However, apprentices engaged under the Apprentices Act are not entitled to the E.S.I. benefits.

Wages
Wages’ means all remuneration paid or payable in cash to an employee including any payment for the periodof authorized leave, strike which is not illegal, lock-out or lay-off and other additional remuneration, if any, paid at intervals not exceedingtwomonths, but excludes-

  • employer’s contribution to any pension, provident or E.S.I. funds,
  • any travelling allowance/ concession,
  • reimbursement of any special expenses,
  • gratuitypayable on discharge.

What is included in wages and what is not, is important for the purpose of calculating ESI contribution.According to the official public claim Employers Guide to Employees’ State Insurance Act, the position is as under:

  • Deemed to be wages: Basic Pay;Dearness Allowance;;House Rent Allowance, City Compensatory Allowance;Overtime Wages; Payment for day of rest;Production incentive (when paid at intervals of less than 2 months);Bonus; Night Shift Allowance;Heat, Gas & Dust Allowance; Payment forun substituted holidays;Meal/Food Allowance;Suspension Allowance;Lay off Compensation; Children Education Allowance.
  • Not to be deemed as wages:

Contribution paid by employer to any Pension/Provident Fund or under ESI Act; any Travelling Allowance or value of any Travelling Allowance; any sum paid to defray special expenses entailed by the nature of employment; Gratuity payable on discharge;Pay in lieu of notice of retrenchment compensation; Benefits paid under the ESI Scheme; Encashment of Leave; Payment of Inam (gift money) which does not form part of the terms of employment; Washing allowance for liveries; Conveyance allowance; Production incentive.

Contributions
The rates of contribution payable by employees and employers are as under:-

  • Employees’ Contribution 1.75 per cent of the wages
  • Employers’ Contribution4.75 per cent of the wages

Employees in receipt of an average daily wage of up to Rs. 25 are exempt from payment of contribution.

Advantages to Employers
Employees who come under the purview of the E.S.I. Act, 1948 derive the following benefits from the applicability of the Act:

  • Employers are absolved of all liability of providing medicare facilities to employees,reimbursement of actual expenses, lump sum grant or opting for any health insurance policy.
  • Employers are exempted from the applicability of the:
    • Maternity Benefit Act, 1961.
    • Workmen’s Compensation Act, 1923.

 

 

   

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