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Definition of wages under the ESI Act
Under the ESI Act, the definition of wages is defined under Section 2 (22): "Wages" means all remuneration paid or payable to an employee if the terms of the contract of employment, express or implied, were fulfilled. It includes any payment to an employee in respect of any period of authorized leave, lock-out, strike which is not illegal, or layoff, and other additional remuneration, if any, paid at intervals not exceeding two months. However, it does not include:
a) Any contribution paid by the employer to any pension fund or provident fund or under this Act,
b) Any traveling allowance or the value of any traveling concession,
c) Any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment, or
d) Any gratuity payable on discharge.
Accordingly, any amount payable to an employee who is covered under the Act is considered wages except for those mentioned in the exceptions above. However, any conveyance allowance or travel allowance is exempted from coverage. Similarly, the washing allowance is also exempted from coverage under the Act.
Current ESI coverage ceiling
The present ceiling for ESI coverage is Rs. 21,000/-, which is likely to be revised to a higher amount shortly.