Harsh Kumar Mehta
Consultant In Labour Laws/hr
Srinath Sai Ram
Hr Manager
Glidor
Hr Consultant
Vmhr@rediffmail.com
Sr. Manager (p&a)
Manjeshsgr
Admin & Hr Asst.

Thread Started by #manjeshsgr

sir,
recently one of new employee who appointed has given a letter along with her husband ESI card number stating that she has covered under esi in her husband company and not to cover in the present company as she is not interested, please let us know whether she can be exempted from the ESI act,
regards
Manjesh
10th February 2017 From India, Bangalore
she will get covered in her own working establishment, and would get excluded from husband’s ESI Card statuary contributions from wages / salary can not be avoided,
10th February 2017
Esi card no can be transferred to the new organisation. But cannot avoid as mentioned by mr. U.s. Sharma. V.murali
10th February 2017 From India, Madipakkam
ESIC card clear mentions that only those family members are eligible for family benefit, who are dependent, and not earning more than 5000/-
10th February 2017
In her Husbands Card she is covered as Family member.Whereas, in her Employment she will be covered as Insured Employee.Family member is entitled for availing medical
Benefit.Whereas Insured Person is entitled for all the Benefits provided under the Act as per Eligibility Conditions.
13th February 2017 From India, New Delhi
Mr. U.S.Sharma ji/GLIDOR, with reference to your remarks as above, I understand that the limit of Rs.5000/- as income per month in order to entitle as "family member" of an insured person is applicable only in respect of "parents" and not in respect of other family members as defined under ESI Act, 1948 (Section 2(11). Hope you will see Rule 61-A of ESI (Central) Rules, 1950. In case you feel that the legal position is otherwise, I hope, your goodself will intimate so that I may up-date myself accordingly.
13th February 2017 From India, Noida
If both husband and wife get employed and contribute to ESI, then both will get their names endorsed in family details, However family members are entitled for medical benefit onlly, they can not avail sickness leave, maternity leave or accidental cash wages benefits,

in ESIC rules its nowhere specified that if either of the spouse is covered than another would get exemption, ESIC is statuary contribution for employee and employer both.

if the employee wish to get more clear he or she can visit the RO, express their view, and if can convince the RO. than obtain an exemption certificate for exemption from ESIC, mere a letter to employer does not get the employee entitled for exemption from statuary contributions,

Working parents are also family members, and in card they can be added, but ESIC is based on biometric system, so once added they put the working parents in "inactive members"

if this situation also, if both are working, they can add spouse as family member, but ESIC will make it inactive auto, as aadhaar card of both will get cross verified,

However if either of spouse leaves the service and get non contributory, then the working spouse can request the employer or HR to make the inactive member as active, to avail the "family benefits"
13th February 2017
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