If an employee chooses to continue with ESI even after their salary was increased above the 21,000/- limit, what will be the employer's contribution? Is it zero, 4.75% of 21,000, or 4.75% of the new salary?
There is no provision in the ESI Act permitting an employee to exercise the option to continue to be covered by the ESI if his wages exceed Rs. 21,000 per month. However, where such a hike beyond Rs. 21,000 occurs after the start of the contribution period, he can continue to be covered until the end of the contribution period.
Yes, you have to deduct employee and employer contributions at the existing rates until the revised rates come into force.
B. Saikumar
HR & Labour Relations Consultant
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