Question

Discuss the social security under esi act 1948

Answer 1

The Employees' State Insurance Act, 1948 (the ESI Act) is a social welfare legislation enacted with the objective of providing certain benefits to employees in case of sickness, maternity and employment injury. In terms of the provisions of the ESI Act, the eligible employees will receive medical relief, cash benefits, maternity benefits, pension to dependants of deceased workers and compensation for fatal or other injuries and diseases. It is applicable to establishments where 10 or more persons are employed. All employees, including casual, temporary or contract employees drawing wages less than Rs 15,000 per month, are covered under the ESI Act. This limit has been increased from Rs 10,000 to Rs 15,000 w.e.f. May 1, 2010.

The Government enacted as the Employees' State Insurance (Amendment) Act, 2010 (No.18 of 2010). All the provisions of the ESI (Amendment) Act 2010 (except s 18) have come into effect from June 1, 2010. The salient features of the ESI (Amendment) Act are as under:

• Facilitating coverage of smaller factories;

• Enhancing age limit of dependent children for eligibility to dependants benefit;

• Extending medical benefit to dependant minor brother/sister in case of insured persons not having own family and whose parents are also not alive;

• Streamlining the procedure for assessment of dues from defaulting employers;

• Providing an Appellate Authority within the ESI Corporation against assessment to avoid unnecessary litigation;

• Continuing medical benefit to insured persons retiring under VRS scheme or taking premature retirement;

• Treating commuting accidents as employment injury;

• Streamlining the procedure for grant of exemptions;

• Third party participation in commissioning and running of the hospitals;

• Opening of medical/ dental/ paramedical/ nursing colleges to improve quality of medical care;

• Making an enabling provision for extending medical care to other beneficiaries against payment of user charges to facilitate providing of medical care from under utilised ESI Hospitals to the BPL families covered under the Rashtriya Swasthaya Bima Yojana introduced by the Ministry of Labour & Employment w.e.f. 1.4.2008;

• Reducing duration of notice period for extension of the Act to new classes of establishments from six months to one month;

• Empowering State Governments to set up autonomous Corporations for administering medical benefit in the States for bringing autonomy and efficiency in the working.

The employer should get his factory or establishment registered with the Employees' State Insurance Corporation (ESIC) within 15 days after the Act becomes applicable to it, and obtain the employer's code number.

The employer is required to contribute at the rate of 4.75% of the wages paid/ payable in respect of every wage period. The employees are also required to contribute at the rate of 1.75% of their wages.

It is the responsibility of the employer to deposit such contributions (employer's and employees') in respect of all employees (including the contract labour) into the ESI account.