Harsh Kumar Mehta
Consultant In Labour Laws/hr
Sr. Manager Hr/admin
Srinath Sai Ram
Hr Manager
Lead - Hr Business Partner
+1 Other

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Hai All, Employee salary is 15k pm, Employer provides medi-claim benefit to employee and no esi deduction in his salary.
Is there any mandatory cause to deduct esi and pay esi amount. (ESI benefit & Deduction compulsory for below 21K employees or not)

Dear Mr Shankar, you have to find out whether your establishment is registered under ESI Act, 1948/Whether ESI Act is applicable to your establishment? If the Act is applicable, all Employees whose Monthly Gross Salary is Rs21,000/- & Below will come under the purview of Act, not withstanding coverage under any Insurance/Mediclaim Policy etc
Dear Shankar.
If your Organization is under ESI implemented area & The Act. is applicable to your org then you must have to take your employees under coverage of ESI whoever monthly Gross salary is 21K or below. however exemption may be granted only if you could prove that you can provide better medical benefits to your employees then ESIC. the appropriate officer is empowers to accept or reject the application with regard to be exclude from ESIC.
Thanks & Regards
HR & Labour, Corporate Laws Advisor

Dear Mr. Shankar,
As per my understanding, it is mandatory to have the ESI coverage for your employees who are drawing gross salary below 21K per month when your organization is having 10 or more employees. Any other medical benefits may not be a replacement for ESIC coverage as most of the ESIC inspectors may not agree to your claim that your medical coverage offers better benefits than ESIC [in case, there is a medical insurance coverage policy which covers all the benefits that ESI offers]. As ESI is offering many benefits to the employees who are covered under it, I personally don't believe that it can be replaced by any other insurance policies. [sorry, if I am wrong.]
The medical insurance coverage policy will replace ESI in areas which are declared as ESI - Non implemented areas. This attachment may be helpful for you.
Thanks and Best Regards,

Attached Files
File Type: pdf ESI_-_non-implemented_areas.pdf (250.3 KB, 169 views)

Our establishment is registered under ESI act, 1948. We have the employer code also.
As your organisation is enrolled with ESI then who ever are earning gross wages 21000/- or below, ESI contribution is mandatory.
Any employee who is earning above 21000/- may have other health benefits such as mediclaim

In your case, ESI deduction is compulsory. Mediclaim cn not be a substitute to ESI scheme. Mediclaim can be given besides ESI Scheme viewing present policy of eligibility of super speciality treatment.
Sir, even if the so called mediclaim policies are obtained in respect of all employees (even for getting wages less than Rs.21000/- pm) still such employees will be covered/coverable under ESI Act, 1948 because the coverage is compulsory and there is no option for any exception.
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