Hi,
I want to know if..
1. Insurance coverage(Personal Accidental and Mediclaim hospitalization Policy) for IT companies employees with high salary package is statutory by Indian Labour law?
2. If "Yes" under which Act does it fall?
3. If Personal Accidental coverage statuory?
4. Is Hospitalization policy statutory or given as added benefit to employees?
Please guide in above mentioned issue, your advise would be appreciated.
Thanks
Regards
Anu
From India, Pune
22I want to know if..
1. Insurance coverage(Personal Accidental and Mediclaim hospitalization Policy) for IT companies employees with high salary package is statutory by Indian Labour law?
2. If "Yes" under which Act does it fall?
3. If Personal Accidental coverage statuory?
4. Is Hospitalization policy statutory or given as added benefit to employees?
Please guide in above mentioned issue, your advise would be appreciated.
Thanks
Regards
Anu
From India, Pune
Hi Anuraadhaa
ESI is mandatory requirement under the ESI Act. The companies who does not provide the benefit of ESI should have an alternate plan approved by the government.
As the ESI benefit is not appreciated by the employees, specially the employees with high salary packages... The companies use the health insurance, cashless hospitalization packages to confirm to the law as well as attract the employees...
From India, Ahmadabad
ESI is mandatory requirement under the ESI Act. The companies who does not provide the benefit of ESI should have an alternate plan approved by the government.
As the ESI benefit is not appreciated by the employees, specially the employees with high salary packages... The companies use the health insurance, cashless hospitalization packages to confirm to the law as well as attract the employees...
From India, Ahmadabad
Hi Ajmal,
Thanks for the reply, but I want to know if this "health insurance, cashless hospitalization packages" are they statutory by nature?
So if the employee earning Rs.7500/- more is not covered under ESI, but most of employees working in IT companies are not covered under ESI because their salary are more than 7500/-, so is it mandatory by law that employees not covered under ESI should be covered under other health insurance ?
Regards
Anuraadhaa
From India, Pune
Thanks for the reply, but I want to know if this "health insurance, cashless hospitalization packages" are they statutory by nature?
So if the employee earning Rs.7500/- more is not covered under ESI, but most of employees working in IT companies are not covered under ESI because their salary are more than 7500/-, so is it mandatory by law that employees not covered under ESI should be covered under other health insurance ?
Regards
Anuraadhaa
From India, Pune
Hello All,
According to Indian Factories Act 1948
First Aid Provisions
There shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers (150) ordinarily employed at any one time in the factory.
(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard.
(3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person who holds a certificate in first-aid treatment recognized by State Government and who shall always be readily available during the working hours of the factory.
(4) In every factory wherein more than five hundred (500) workers are ordinarily employed there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed and those facilities shall always be made readily available during the working hours of the factory.
ESI Act
The Employees’ State Insurance Act, provides for certain benefits to employees in case of sickness, maternity and employment injury.
The Act extends to the whole of India. It applies to all factories (including Government factories but excluding seasonal factories) employing ten or more persons and carrying on a manufacturing process with the aid of power or employing 20 or more persons and carrying on a manufacturing process without the aid of power and such other establishments as the Government may specify.
A factory or other establishment to which this Act applies, shall continue to be governed by its provisions even if the number of workers employed therein falls below the specified limit or the manufacturing process therein ceases to be carried on with the aid of power, subsequently
The Act does not apply to the following:
Factories working with the aid of power wherein less than 10 persons are employed;
Factories working without the aid of power wherein less than 20 persons are employed;
Seasonal factories engaged exclusively in any of the following activities viz. Cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process incidental to or connected with any of the aforesaid activities, and including factories engaged for a period not exceeding seven months in a year in blending, packing or repackaging of tea or coffee, or in such other process as may be specified by the Central Government;
A factory which was exempted from the provisions of the Act as being a ‘seasonal factory’ will not lose the benefit of the exemption on account of the amendment of the definition of ‘seasonal factory’;
Mines subject to the Mines Act, 1952;
Railway running sheds;
Government factories or establishments, whose employees are in receipt of benefits similar or superior to the benefits provided under the Act and Indian naval, military or air forces.
The appropriate Government may exempt any factory or establishments or class of factories or establishments or any employee or class of employees from the provisions of this Act.
Every employee (including casual and temporary employees), whether employed directly or through a contractor, who is in receipt of wages upto Rs. 6,500 p.m. is entitled to be insured under the E.S.I. Act. However, apprentices engaged under the Apprentices Act are not entitled to the E.S.I. benefits. Coverage of part time employees under the ESI Act will depend on whether they have contract of service or contract for service with the employer. The former is covered whereas the latter are not covered under the E.S.I Act.
Taken From : http://www.helplinelaw.com/docs/emp-...ate-ins1.shtml
From India, New Delhi
According to Indian Factories Act 1948
First Aid Provisions
There shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers (150) ordinarily employed at any one time in the factory.
(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard.
(3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person who holds a certificate in first-aid treatment recognized by State Government and who shall always be readily available during the working hours of the factory.
(4) In every factory wherein more than five hundred (500) workers are ordinarily employed there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed and those facilities shall always be made readily available during the working hours of the factory.
ESI Act
The Employees’ State Insurance Act, provides for certain benefits to employees in case of sickness, maternity and employment injury.
The Act extends to the whole of India. It applies to all factories (including Government factories but excluding seasonal factories) employing ten or more persons and carrying on a manufacturing process with the aid of power or employing 20 or more persons and carrying on a manufacturing process without the aid of power and such other establishments as the Government may specify.
A factory or other establishment to which this Act applies, shall continue to be governed by its provisions even if the number of workers employed therein falls below the specified limit or the manufacturing process therein ceases to be carried on with the aid of power, subsequently
The Act does not apply to the following:
Factories working with the aid of power wherein less than 10 persons are employed;
Factories working without the aid of power wherein less than 20 persons are employed;
Seasonal factories engaged exclusively in any of the following activities viz. Cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process incidental to or connected with any of the aforesaid activities, and including factories engaged for a period not exceeding seven months in a year in blending, packing or repackaging of tea or coffee, or in such other process as may be specified by the Central Government;
A factory which was exempted from the provisions of the Act as being a ‘seasonal factory’ will not lose the benefit of the exemption on account of the amendment of the definition of ‘seasonal factory’;
Mines subject to the Mines Act, 1952;
Railway running sheds;
Government factories or establishments, whose employees are in receipt of benefits similar or superior to the benefits provided under the Act and Indian naval, military or air forces.
The appropriate Government may exempt any factory or establishments or class of factories or establishments or any employee or class of employees from the provisions of this Act.
Every employee (including casual and temporary employees), whether employed directly or through a contractor, who is in receipt of wages upto Rs. 6,500 p.m. is entitled to be insured under the E.S.I. Act. However, apprentices engaged under the Apprentices Act are not entitled to the E.S.I. benefits. Coverage of part time employees under the ESI Act will depend on whether they have contract of service or contract for service with the employer. The former is covered whereas the latter are not covered under the E.S.I Act.
Taken From : http://www.helplinelaw.com/docs/emp-...ate-ins1.shtml
From India, New Delhi
Hi Anuraadha
Sorry, I overlooked the upper limit criteria of ESI
I think that the main reason behind giving the medical facilities to the employees by the IT companies is
1. The contract the company has with their clients [mostly US / Europe based], specifically states that they should have the health insurance for all the employees.
2. As it has now become an industry standard, to attract and retain the employees
From India, Ahmadabad
Sorry, I overlooked the upper limit criteria of ESI
I think that the main reason behind giving the medical facilities to the employees by the IT companies is
1. The contract the company has with their clients [mostly US / Europe based], specifically states that they should have the health insurance for all the employees.
2. As it has now become an industry standard, to attract and retain the employees
From India, Ahmadabad
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