Understanding ESIC Benefits, Gratuity Act Registration, and Labor Law Compliance

Dear Seniors,

I am receiving ESI benefits in my company. Now, I am planning a teeth operation for my mother at a cost of Rs. 15,000 in a private hospital. Can I claim this amount through my ESIC benefits? I couldn't get clear information from my company regarding this.

Mohan D.

No, you can't claim like this. You have to undergo treatment under ESI, and if they refer you to a private hospital, then they will directly pay the hospital. However, you need to follow the procedure first.

Regards,

Arun

Dear Sir,

Is any registration required for the Gratuity Act? We are a service-oriented (cell phone tower maintenance) firm. We provide ESIC, EPF, Mediclaim, and Personal Accident Policy to our employees. Could you kindly explain if a separate registration is needed for "GRATUITY"? Also, we need clarification on whether we fall under a Factory or Shop establishment.

Looking forward to a detailed reply.

Thanks & Regards,
Jailani

Dear Jailani,

Yes, you need to register your establishment under the Gratuity Act.

B. Saikumar
HR & Labour Law Consultant
Mumbai
Tel: 09930532927

Dear Sir,

Thank you for the reply. Our firm will be classified under which act? I believe it may not fall under the category of factory or other such establishments, but possibly under the shop establishment act. Kindly clarify this for me, sir. Furthermore, could you please advise on how to register under the Gratuity Act and where to do so?

Thanks & Regards,
Jailani

Dear Jailini,

Complete the required procedures and register yourself with your concerning area's labor office. The controlling officer is the authority under the act. The Dy. Comm. or Assistant Labor Commissioner of your area is the registering authority under the Shops and Establishments Act under which you fall.

You also need to set up a Gratuity Fund or Insurance fund for the payment of Gratuity.

Hope this information helps you.

Mangesh Wakodkar

Dear Sir,

If an employer applies for PF and ESIC but does not apply the Gratuity Act, will the labor officer take any action? Kindly explain to me.