Dear All I want your valuable guidance regarding ESI

One of our employees is Site Engineer Electrical (25) residing with dependent father (50) and mother (42) basically from village. His parents have no other source of income and they are fully dependent on his income.

His income is below then Rs. 10,000/- and under ESI. He want his dependent parents to be include in the ESI for that we file a application along with the affidavit declaring that his parents are fully dependent on him and have no source of income. But ESI department reject the application saying that there are many fraud causes to include the parents in ESI and get them treated even after they are earning and ESI department have too much liabilities over the head only because of these cases.”

I spoke to the Head of Department ESI directly over the phone when my Executive was there today for the same purpose. After many requests she said that she want his parents to be present at the ESI Office to ensure. Is that making any sense?

My questions are:-

1) Why ESI department do this type of unfair practice even after giving them declaration on the stamp paper?
2) Why the Head of Department itself doing this kind of things?
3) To whom should I approach?
4) What is the corrective action should be taken from company end?
5) Is that having any sense to ask employee’s parents to go to the ESI to prove them that you are dependent?

Your valuable suggestions seriously required.

Please Note: Head of Department of ESI to whom I spoke (lady) was helped me a lot in many cases and she is only one who is not corrupted (personal observation)

Thanks and Regards

Pankaj Chandan

From India, New delhi
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Dear,

I do not know why it has happened. Mother and father come in the definition of family. Dependent father and mother are entitled to all treatment. They cannot ask for presence in the ESI office, so what is the requirement of attestation by the employer?

You can talk to the regional director, or go to the site and make a complaint about that. You can show them that they are staying with him only.

Thanks,
J. S. Malik

From India, Delhi
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Yes, Mr. Malik, I do agree, but this new critical situation is really disappointing me. Well, as you suggested, if I report the same to the Regional Director, maybe that lady will come under trouble. She was really helpful to me in many cases, so now it is very hard for me to complain against her. It even seems unfair and may be the last option to do so.

Please suggest to me if there is any way.

Regards

Dear Malik,
I do not know why it has happened. Mother and father come under the definition of family. Dependent father and mother are entitled to all treatment. They cannot ask for presence in the ESI office, so what is the requirement of attestation by the employer? You can talk to the Regional Director, otherwise go to the site and make a complaint for that. You can show them that they are staying with him only.
Thank you.
J. S. Malik

From India, New delhi
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dear chandan, mr malik is absultly right, but in ur case u may go personaly and met with branch manager of esic and tell hiim truth, i think it will worth
From India, Delhi
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Dear Pankaj,

Please solve the issue with the local office or visit the regional director personally with the case. Before you visit the director, please write a letter mentioning all details. Additionally, ESIC is arranging LOKADALATS to resolve the issues between the employer & ESIC. If there is any concern, please write to them as well.

Vinay Shedge


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Dear Pankaj,

Go and meet that lady and ask in writing why he cannot register. Is she above the law? You fill up the form and deposit there. If they do not listen, then write an email to the Director of ESI. His email address is available on the net.

Pankaj, sometimes we do not reach out to the site because of too many queries. If anything is important, you can write a private message or call me on the phone, as my number is 9810557181.

Thanks,
J S Malik

From India, Delhi
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Sir,

You can raise the issue before the ESI local committee where the Dy. Director and others are present. If the issue is not resolved, you can write a strong letter to the Director of ESI Corporation in New Delhi and also to the Grievance Cell to address the matter.

Thanks & Regards,
Vadlamani SR

From India, Hyderabad
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Hi,

Please solve my following queries:

My ESI has been deducted since 2005, but I received our ESI card in November 2008.

When we were asked for ESI, the concerned ESI person confirmed that ESI covers Ayurvedic and Homeopathy.

I had undergone Ayurvedic treatment that cost me 30,000, and after that, ESI refused to support that bill, stating that they don't cover Ayurvedic and Homeopathy.

My disease is chronic, and there is no allopathy treatment available. Therefore, I have been undergoing homeopathy treatment since 2008. Every month, it costs me around 1500/-, but I receive no support from ESI. I can only take Crocin and Althroxin as per my homeopath doctor's prescription.

Secondly, they are now saying that if your father is receiving a pension, he cannot avail any facility from ESI. My father is taking Althroxin and blood pressure medicine.

Despite regular ESI deductions, I have not been able to benefit from it. What should I do? Should I inquire if they can include Homeopathy or should I cancel my ESI as it's of no use to me?

Please guide me. This is very urgent.

Zems

From India, Ahmadabad
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Hi, Can you please provide new ESIC Form (revised version 2010 for new employees or employees coming in ESIC due to slab change.) Please help ASAP.
From India, Mumbai
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The term 'Family' under section 2(11) of the ESI Act includes 'Dependent Parents' for the purpose of Medical Benefit.

Till now, only the declaration given by the employee countersigned by the employer in the Declaration form is accepted by ESIC for providing medical care to the dependent parents. Only in doubtful cases, or on a specific complaint, investigation, or inquiry is made by ESIC about the dependency of parents of an employee.

In the ESI (Amendment) Act, 2010, this definition has been amended as follows:

"2(11) (v) dependent parents whose income from all sources does not exceed such income as may be prescribed by the Central Government." This amendment has been passed by both the houses of parliament and waiting for the assent of the President. Then, the Ministry of Labour has to give effect to it by a Gazette notification. Thereafter, the Central Government has to prescribe an income limit by making a rule in ESI (Central) Rules, by a notification. Till such time, the old definition remains. Once the employee gives an affidavit, supported by the employer, ESI cannot reject the inclusion of the parents of an employee on his identity card. The rejection of the branch Manager is not supported by any instructions.

In the case of payment of Dependent's benefit in the event of the death of an employee as a result of employment injury, in the absence of the first and second categories of Dependents under Sec. 2(6-A), wholly or in part dependent parents are eligible for this benefit. In such cases, the dependency of the parents is to be examined by the branch Manager in detail before admitting the claim.

The branch Manager appears to have been confused between these two issues.

Any rejection for the inclusion of parents on the identity card may be obtained in writing and taken up with the higher authorities.

There is a grievance cell/complaints officer/shikayat adalat in each office of ESIC. File a complaint/present your grievance there for redressal.

You can put forth your grievance directly to the Headquarters office of ESIC or to the Insurance Commissioner.

The website is esic.nic.in

The email of the insurance commissioner is

Ramana Murty, Hyderabad

From India, Hyderabad
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