I want a clarification on whether a person who is employed and contributing to ESIC as per norms, and whose spouse is also employed either in the same organization or a different one, can have his spouse exempted from contributing to ESIC.
As per the rules, it is not possible to stop or avoid contributing to ESIC even if the wife is working in the same or another organization. According to ESIC, you can only enroll those who are dependent on you under your name. Since she is working independently, she cannot be covered under the husband's name and needs to be covered separately.
Could you please quote me the clause where she could depend on her husband's salary but, on the other hand, she is employed to add extra income to her family? How should this be interpreted within the scope of ESIC Act/clause?
You may have the option to ask the employee to visit the ESIC office and obtain in writing from the ESIC officer for the non-deduction of ESIC contributions. This is a fundamental rule of ESIC, which includes only dependents who are reliant on you. However, it is also compulsory to deduct the contribution amount if the salary falls below the limit. For reference, you can refer to the ESIC Act and the gazette copy for the ceiling limit.
You are admitting that for adding the income source she is employed, so she has to be covered as per the ESIC Act. Any employee coming within the ambit of workmen and is below the ceiling mentioned in the ESIC has to be covered with contribution. There is no respite for this.
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