debashisroy
6

Manager-HR
Hi Friends,
I am a new member just joined this forum.
I have a few questions related to ESI.
1. Is is mandatory for every employee whose gross wages are Rs.10,000.00 and below to be a contributory member of the ESI ?
2. An employee (female) working in a company where ESI is in force, is paying for ESI deductions, gets married after an year or so. Her husband is also contributing for ESI. Is it possible for the wife to get her ESI membership cancelled citing the reason that her husband is already a member, hence why should she contribute ?
Expert opinion would be invaluable from viewers having experince in this field.
Regards
Debashis

From India, Lucknow
Amith R Murthy
16

HR Executive
Hi Debashis, According to me for your first point answer is yes and for second it is no. Others can correct me if i am wrong here............... Regards Amith R.
From India, Bangalore
raajz_johnny
56

Generalist
Dear Debhasis, Greetings! Yes for both question, Eventhough her dependant is contributing for ESI, she is supposed to cover under ESI but availing benefits is depends up on her wish. Rgds, John N
From India, Madras
Anuj Trivedi
25

Labour Law Consultant
Dear Debashish,
Every employee whose wage is equal or less than Rs. 10000/- per month is to be covered under ESI Act.
In 2nd case we can't take exemption on the grounds that particular woman is covered under ESI Act through the contribution of her husband.
Objects & Reasons of ESI Act, 1948 is to provide certain benefits to employees in case of Sickness,maternity and employment injury and certain others matter in relation thereto. As per your mentioned case woman employee can't be able to take benefits such as Leave during sickness, maternity leave benefits and wages during above leaves. Accident during course of employment is also part of benefit which also helps/secures employer in case of compensation as employee is covered under insurance.
So every employee whether or not spouse is contributing in ESI, shall be covered under ESI.
Regards,
Anuj

From India, Lucknow
David Naidu
Service
Hi Debashish,
The answer is YEs for both.
ESIC Act does not have any provisions of family members contribution. It only talks of the employees contribution who is working in the establishment, even though both the husband and wife work in the same establishment the contribution has to be remitted to the ESIC if their salary is less than Rs.10,000/-
S.DAVID NAIDU
Sr.Manager HR
Le Royal Meridien, Mumbai


LALIT KUMAR GUPTA
1

looking for a job of Head H.R.
Hi Debashish,
I also agree with Mr.S.David Naid.It is clear that ESIC is a not general insurance company. ESIC Act does not have any provisions of family members contribution. It only talks of the employees contribution who is working in the establishment, even though both the husband and wife work in the same establishment the contribution has to be remitted to the ESIC if their salary is less than Rs.10,000/-per month.
S.DAVID NAIDU
Sr.Manager HR
Le Royal Meridien, Mumbai

From India, Lucknow
welcomeumesh
141

Human Resources Management
Hi,
The answer to the first question is YES and for second question NO.
The reason for NO is every employer who is eligible for the definition of employee must contribute to the ESIC. Most of you'll be saying YES to the second question keeping in mind the benefits of the employees' dependants.
This lady and her husband both will be getting cash benefits for self, in case they have a child one of them will be showing child as a dependant but both of them will contribute towards the ESIC.
The ESIC offers cash benefits in case of death, disablements etc., thus contribution against the same is mandatory for the employee.
warm regards,
Umesh Chaudhary
([email protected])

From India, Delhi
welcomeumesh
141

Human Resources Management
sorry, forgot to mention, before anwering this question, I have consulted with a friend of mine, who is an inspector in ESIC. warm regards,
From India, Delhi
LALIT KUMAR GUPTA
1

looking for a job of Head H.R.
Hey,
Good afternoon,
Employee lady and her husband both will be getting cash benefits for self, in case they have a child one of them will be showing child as a dependant but both of them will contribute towards the ESIC. Child will get only medical benefit not sickness and other benefits.There is no provision of paying extra contribution under the act.
Lalit Kumar Gupta

From India, Lucknow
David Naidu
Service
Debashish, There was a tying error in my reply to you. Your First Question: Ans. is Yes 2nd Question: Ans. is No.


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