Is it possible to not deduct ESI from employee who's husband is already paying ESI? - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Bharat Gera
Principal Hr Consultant

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Hello All, My question is- Is it possible to not deduct ESI from employee salary if her PF is already been deducted.
One of our employee asking for the favour as her husband is already deducting the ESI from his Salary.
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1. Sir, payment of contribution under ESI Act, 1948 is to be made in respect of each and every covered/coverable employee even though in any case husband and wife both may be employees. It is not a valid ground that husband of a woman employee is already covered under said Act.
2. Each husband and wife by virtue of their contribution under ESI Act, 1948 and rules/regulations framed thereunder will be entitled for different benefits in respect of self as well as in respect of other family members including their spouse.
If your spouse earning more than Rs.5000/=, then he is not entitled from your ESIC account for treatment. Hence, both have to contribute ESIC if earning more than Rs.5000/= per month.
Dear Friend,
Relationship does not matter, the only thing that matters is the employment status.
Warm Regards
Bharat Gera
HR Consultant
9322404765
In the case of spouse the income does not matter. The income which should not exceed Rs 5000 per month matters only with respect to dependent father, mother or brother or sister who is dependent on the IP.
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