Harsh Kumar Mehta
Consultant In Labour Laws/hr
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Sakthi Sukumar
Sr. Officer Hr & Ir
Abdul Quadir Awate
Hr & Admin Head
+1 Other

Thread Started by #Ravinder71

Dear Friends,
I have a friend who was earlier been given the ESI by his Company and accordingly his subscription was deducted by them from his salary. However, he has reached a limit where probably he is out of the ESI coverage. He, however, would like to maintain his membership, and would not mind paying some additional amounts (Rs. 600 deducted earlier from his salary towards ESI subscription). I would be grateful I could be guided on how he can do this and if any forms etc. are to be filled up by him. Regards, Ravinder Verma
2nd September 2015 From India, Delhi
infact, I am eager to note the fact that people would like to continue ESIC, whereas many wishes to be out of this useless act, since ESIC not beneficial to either the employer or the employee.
2nd September 2015 From India, New Delhi
Dear Ravinder71,
No once can maintain his membership under ESIS once he / she is out of coverage of ESI except superannuated IP. In ESI, there is no voluntary coverage / contribution, as you said.
Dear Jagat Kumar ji,
No scheme in the world is more benefited than ESIS.
2nd September 2015 From India, Mumbai
Mr.Jagat, ESIC is one the good scheme for lower level management personnel, especially in mfg industry personnel. Sickness benefit, Life risk cover as well as Disablement pension likewise there are many benefits available. It is much much better than others.
Rgds, Sakthi Sukumar
2nd September 2015 From India, Mumbai
With humble submission, I withdraw my statement of ESIC posted here. I only expressed views of our employees. thanks KAK sir & Sugumar for your observation.
3rd September 2015 From India, New Delhi
Hi Everyone! The Employee can continue the ESI subscription. Government is not loser by getting any subscription. If the Employee feels that he is benefited from ESI Hospitals of his area , He should make use of the same. Employer has no right to stop him . But yes, HR should take an Undertaking from that Employee that he will not demand for any compensation for medical expenses and will continue subscription of ESI and incase of anything wrong Company will not be responsible.
4th September 2015 From India
In my opinion, it is not the Management, but the employee who holds the fort as to continue or not. If his salary exceeds 15000/-, he automatically exits from ESIC benefits after 6 months cycle (Apr-Sept or Oct-March). But, if the Management, even after lapse of this cycle, continue to pay ESI (both shares), then he will continue to enjoy the benefit. And ESI is the enacted Law. Any Undertaking given or taken by the Management (after lapse) would be Bad in Law. I wud like to illustrate the following two examples :

1) Suppose an employee's salary increases from below 15000 to above 15000 with effect from June. Still the Management wud require to continue his contribution till that cycle, which ends in Sept and the employee wud continue to derive the benefit (after gap of 3 months) for another 6 months from January (next year). (For me personally, it is a matter of dispute why an employee should wait for 9 months to derive the benefit and I myself feel that this Section of the Law itself is Bad in Law).

2) Secondly, in spite of having his salary exceeded above 15,000, the Management continued to contribute (both share) towards ESI irrespective of cycle period, no one can stop the employee from enjoying the benefit under the Act enshrined upon him.

3) A case to be noted here is that, if you retire but still want to continue to enjoy the ESI benefit, then merely Rs.10/month or Rs.120/- per annum is only required to be paid.

No doubt, ESIC is more beneficial for the lower strata, but it is also a fact that ESIC is not well equipped to provide medical related facilities.

Regards,
- Abdul Quadir.
5th September 2015 From India, Pune
1. Sir, the principal employer is required to deduct the contribution only from those employees who are coverable under ESI Act, 1948 and rules/regulations framed thereunder. To deduct the contribution from such employees who are not coverable due to the reasons of being out of coverage due to wage ceiling, will be an offence of false declaration and is punishable under section 84 of said Act,

2. In such situation, where benefits have been obtained from ESIS, though the employee was not entitled, the said department can also make recoveries under section 70 of said Act.

3. The provisions of ESI Act, 1948 and rules/regulations framed thereunder are not optional and hence neither the employee nor the employer has any option except to make compliance as per provisions of said Act.

4. When an employee ceases to be an "employee" under said Act, all benefits are not available to him. He is not entitled for accident related benefits because on the date of accident, he was not an "employee"( even though the accident may have occurred during his entitlement for medical benefit in benefit period after his exit from said scheme in corresponding contribution period).

5. The provision of getting medical benefit after payment of Rs,10/- per month as contribution is applicable only in case of "retired insured persons" (Rule 61) if the said Insured Person fulfil the conditions as laid down under said Rule. Such facilities are not available to all retired insured persons.
5th September 2015 From India, Noida
A retired employee can contribute Rs 120/py and get medical benefits from ESIC only if he is an Iat the time of retiren
5th September 2015 From India, Thiruvananthapuram
Only an employee who was an IP at the time of retirement alone is permitted to continue in ESI by contributing annual contribution of Rs 120/-.A person who excluded from ESI bfore his retirement is not eligible for this.
At present there is no provision in the Act for voluntary coverage.
It is ideal to introduce voluntary coverage under ESI scheme by paying employees contribution with limited benefits.
Varghese Mathew
08547139493, .04712542059
5th September 2015 From India, Thiruvananthapuram
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