I work for EOR service and we employee client staff who mostly work from home. My question is do we still have to provide medical insurance to such staff who are permanently work from home?
From India, Mumbai
The concept of working from home being a new concept, there is hardly any dispute raised over the issues connected with applicability of insurance etc and as such an interpretation of law quoting any court verdict is not possible.

If the employee is covered by ESI, obviously, you should continue to cover him irrespective of whether he is working from home or office. The criterion is that he should be an employee and nothing else.

If, on the other hand, he is not under ESI, you can discontinue medical insurance because the insurance that you give is only a non statutory benefit that you offer to your employee and that can be withdrawn on mutual agreement. However, a policy to cover the employer's liability under Employees Compensation Act will be live even if the employee is working from home. As such, if something happens to him while he is working (from home) you should pay compensation just because he met with the accident during the course of employment.

From India, Kannur
Dear Colleague,
The Fact remains that even if the Talents work from Home, the employer and employee relationship is not affected and he works for the employer/ employers business. The Medical Insurance is provided to the Talents to protect the employee from any sickness or illness or medical emergency. Some companies provide medical insurance only to the Talent where as some companies provide the cover to the whole family of the employee. Here ESI is mandatory if the employees covered and no option. In case of Medical Insurance, it is suggested to continue the benefit as after all, for your organizational reasons only he is working from home but quite possible that he may need medical support in need. In the absence of medical insurance, the talents may approach for reimbursements of bills of medical expenses and it may shoot up cost further. Normally this cost is in built in the CTC hence better to continue.

For Work from home -

ESI will be applicable if the employee is already covered or eligible to be covered despite he work from office or home

Employees Compensation incase of any employment injury the compensation is payable by the employer if such injury is arising out of and in the course of employment

Medical Insurance if it is inbuilt in the CTC better to continue

Even if Medical Insurance is not inbuilt in the CTC, the cost of Medical Insurance Vs Cost of Medical Bills reimbursement may be analyzed and call may be taken but personally I view the medical insurance to be provided as a good practice despite the place of work

All the Best God Bless
Doctor Siva Global HR
Tamil Nadu

From India, Chennai

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