naved Started The Discussion:
Good Afternoon to Every One.........
I Need Clarifications & help in ESIC.
1. Suppose any employee is working in ESIC non implemented areas and wants to take benefit (Medical Benefit only) form esic , is their any provisions for taking same.
2. Suppose if any employer is deducting contribution under ESIC & also contributing & submitting employer contribuition for employees who is working in ESIC non implemented area ,Then it is possible for employee to take benefits form esic ( Medical Benefit for family members & self ) .
3. If any employee working in ESIC non implemented area ( in any factory out side the city) and lives in ESIC implemented area ( in City) doing daily up-down , and wants to take benefit form ESIC ( medical Benefit for Self & Family Members ) , Then their is any provisions for employer to make ESIC deductions of that employees and also make employer contribution , to facilitate those employees .
4. ESIC is not applicable in non implemented area then is their is any other option other then WC Act for getting Medical Benefit to those employees
yours comments and advice are highly invited.......
1 - Not Possible
2- Company will not deduct if it is not under implemented area.
3- ESIC are formed and it is duly connected with the wages of worker, therefore it is mandatory that establishment comes under implemented area, if establishment is not under implemented area than there is no meaning to deduct ESIC and employer can't get any benefit from ESIc whether he lives inside or outside the limit of ESIC.
Dear Mr. Naved Shaikh,
Under the Worker's compensation Act, the employer has the legal liability to pay the compensation to employees who are uncovered or fall under the non -implement zone of ESIC.
As per your queries,
- 1st Point] There is no any provisions to take the benefit out of ESIC, rather the employer can contribute the liability t employees under IFA act 1855* under this policy.
- Secondly, It is not out of site that the ESIC non- implemented areas do not provide any benefits to the employees. Therefore it is not factual that the employer is doing a right thing in deducting the contributions.
- It doesn't really matter if the worker is living in an implemented area, If he is registered to work under the non- implemented area then he is not applicable for the same.
- Your 4th point is very valid and the employees can get their medical benefits by compensating them under E.S.I. Act for disease sustained or body injury during their employment under WC Act.
P.S: WC ACT says that E.S.I. covers only the IP; not the family/ dependents.
* Indian Fatal Accident Act 1855
Don't think toooooo much and get confused. There are many policies available with private Insurance Companies you can choose which is suitable for your companies mode of operations.
The regulations are laid in interest of Employees and to provide social security.
Thanks for Valuable answers by Mr.Harshil & Ms. Sharmila Das.
Thanks for your quick response.
But the matter is , benefit given by ESIC is far better then any other private firm in terms of Medical benefit (super specialist Medical Treatment/ Cash less). If any employer want to give full coverage ( to Below 15000/- salary employees - non implimented area ) in terms of medical benefit then.?
WC Act is only for Accidental cases caused in office / factory only out side the factory it is not applicable.
and in terms of medical benefit as per WC employer is not liable for giving any kind of medical facility to employees and his family members.
Please Suggest to way forward.
1. WC Act not a replacement Act to ESI Act and it is for a different purpose.
2. In case of the establishment located in ESI non implemented area then better to cover people under Medical Policies suitable to you. This suggestion is to keep the Human Resources in better morale.
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