Harsh Kumar Mehta
Consultant In Labour Laws/hr
Kishorkulkarni
Law Practice
+1 Other

A lady contract employee's husband is working in a Central Public Sector Undertaking and hence she avails all medical facility, as spouse, from the employer of his husband (i.e. PSU). The medical facility availed from the said PSU which are definitely better than that of ESIC and as a matter of rule the medical facility should be availed from only one organisation i.e. either from Husband's employer or her own employer.
My question is how can she declare this fact (regarding her availing medical facility from her husband's employer) to her Immediate Employer / Principal Employer / ESIC Authorities so that her ESI contribution is not deducted from her salary.
Experts and seniors please guide me in this matter.
Regards,
BB Behera
5th September 2016 From India, Delhi
1. Sir, by being an insured person/insured woman as a result of coverage under ESI Act, 1948 and rules/regulations framed thereunder, the wife of the employee serving in an CPSU, has her own rights and entitlements for various benefits under said Act. She may be entitled for maternity benefit, temporary disablement/permanent disablement etc. various benefits. Her dependants may also be entitled (in case of accidental death due to or in the course of employment) for the dependants benefits and some other benefits. His spouse, who is working in the CPSU may not be entitled for all such benefits. Coverage of an employee under provisions of above Act and rules/regulations is based on the fact of insurable employment and the level of wages he/she is getting.

2. Under above Act and rules/regulations, there is no provisions of exemption of such employee from the purview of said Act. Even if both the husband and wife and covered under said Act and rules/regulations as an "employee/insured woman", even then there is no provision for exemption of wife from coverage of said Act /rules and regulations. Social security coverage and benefits are compulsory in nature and not optional.
6th September 2016 From India, Noida
Dear BB Behera,
It is not a question of availing any outside madical facility by an IP, but it is an insurance cover available under ESI Scheme to IP which takes care of the liability of the Employer in case of Temporary/Permanent Disablement to IP.
You can not do away with the Insurance Cover by saying medical facility is available to IP from other sources.
I agree with HarshKumarji in this regard.
12th September 2016 From India, Kolhapur
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