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    LABOUR LAWS

  • Applicability

1) All factories excluding seasonal factories employing 10 or more persons and working with electric power.

2) All factories excluding seasonal factories employing 20 or more persons and working without electric power.

3) Any establishment which the Government may specifically notify as being covered.

4) Shop employing 20 or more persons.

Note: As soon as the above conditions are fulfilled the employer should furnish the details in Form-01 to ESI office for registration under the ESI Act, 1948 & Obtaining of the employer’s Code No.


  • Eligibility

1) Any person employed for wages (up to Rs. 6,500) in or in connection with the work of a factory or establishment end.

2) Any person who is directly employed by the employer in a factory or through his agent on work which is ordinarily part of the work of the factory or incidental to purpose of the factory.


  • Benefits
1) Free medical treatment is offered to covered employees at hospital and dispensaries run by the ESI Corporation.

2) About 7/12th of employees normal wage will be payable to him by ESI during sickness.

3) Maternity benefit for 12 weeks of which not more than 6 weeks should be preceding confinement.

4) Injury during/in course of employment resulting in temporary/permanent disablement entitles the covered employee to a regular payment to substitute his lost wages.

5) Death during course of employment entitles specified dependents to a regular payment.

6) One time payment of Rs. 1,500 to help meet funeral expenses.

  • Penal Provisions
1) For employees’ contribution : Imprisonment for minimum 2 yrs. to maximum 5 yrs. and/or fine of Rs. 25,000/- .

2) For employer’s contribution : Imprisonment for minimum 6 months to maximum 3 yrs. and/or fine of Rs. 10,000/- .

BENEFITS AT A GLANCE

Benefits
Contributory Conditions
Duration
Rate
To Whom Payable

1} a) Sickness Benefit.

I.P. Should work for wages for 78 days in the corresponding C.P.(wef 19-9-98).
91 days in any two consecutive B.P.
As per S.B.R.
Only to the insured person
     b) Extended sickness benefit for long term diseases like TB, leprosy, etc.
Continuous employment for the period of two years.
124 days which may be extended upto 309 days in specified chronic cases during a period of three yrs.
25% Above S.B.R.
Only to the insured person
     c) Enhanced sickness benefit (for under-going sterilization operation for family planning)
Same as for Benefit (a)above
7 days for vasectomy & 14 days for tubectomy extended in cases of post-coperative complications etc.
Twice the S.B.R
Only to the insured person
2} Disablement Benefits (employment injury)
No Conditons
In case of temporary disablement: as long as incapacity lasts & in case of permenant dis-ablement: for life time.

a) For temp.  Only to disablement  the injured 40% above person S.B.R

EXPLANATION: Where more injuries than one are caused by the same accident, the rate of benefit payable under clauses (c) & (d) shall be aggregated but not so in any case as to exceed the FULL RATE and in cases of disablement not covered by clauses (a), (b), (c) & (d) at such rate, not exceeding the FULL RATE, as may be provided in the regulations.
3}Dependent’s Benefit (employment injury) No condition To the WIDOW/S during life time until remarriage.
To the legitimate or adopted SON/S until he attains the age of 18yrs.
3/5 of the FULL RATE, if there are 2 or more widows, the amt. payable to the widows shall be divided equally between the widows.
2/5 of the FULL RATE, if there are 2 or more sons, the amt. payable to the sons shall be divided equally between the sons. Subject to a min of Rs. 14/-

Benefits
Contributory Conditions
DurationRate
To Whom Payable
    To the legitimate or adopted unmarried Daughter/s until she attains the age of 18 yrs. or until marriage, whichever is earlier,
  -----do-----
    In case the deceased person does not leave a widow or legitimate or adopted child. D.B. shall be payable to...

 

    a) Parent or grand parent, for life
3/10th of the
FULL RATE
    b) Any other male dependent, until
he attains the age of 18 yrs.
2/10th of the
FULL RATE
    c) Any other female dependent, until she attains the age of 18 yrs. Or until marriage whichever is earlier.
 -----do-----
N.B. An insured person whose PERMANENT DISABLEMENT has been assessed as final and who has been awarded permanent disablement benefit at a rate not exceeding Rs. 1.50 per day may apply for a lumpsum payment and such amount shall be determined by multiplying the daily rate of permanent disablement benefit by the figure indicated in Co. 2 of the Schedule III of the Regulations.
Benefits
Contributory Conditions
Duration
Rate
To Whom Payable
4}Maternity Benefits
Payment of contribution for 70 days in one or two consecutive
periods.
12 weeks of which not more than 6 weeks can precede the expected date of confinement. Twice S.B.R.
Subject t o min
of Rs.20/- p.d.

Only to the insured
person.

    6 weeks for miscarriage or for medical termination of pregnancy
Additional payment for one month for Complications (pre or post) arising out of Pregnancy
Medical bonus
of Rs.250/-
where ESI
facility is not
available.
 
5}Medical
Insured
Benefit
No Condition
From the date of entry of an employee into an insurable employment so long as he remains
in insurable employment and three after for certain additional period
Full Medical
care including
hospitalisation
Person as
well as his/
her Family
Members as defined u/s 2(11) of the Act.
6}Funeral
Expenses
No condition (i.e.merely by virtue of being an insured person)
One time lump sum payment Not more than
Rs. 1,500/-
To the eldest
surviving
member of the
family of the
deceased I.P.
Or to the
person who
actually incurs
the
expenditure
on the funeral
of an I.P.
7}Rehabilitation
Allowance
No condition For each day of which I.P. remains admitted in Artificial Limb Center for fixation,
repair or replacement of artificial limb.
Same as at
1(a) Up to Rs. 15 L
for
Rehabilitation.
Only to the
I.P.

8}Medical
Benefit to insured
persons who
ceases insurable
employment on
account of permanent disablement.

No condition but an. I.P. has to pay Rs. 10/- pm in lump sum for one year in advance every year.
Till the date on which an I.P. would have attained the age of
superannuation
Medical Benefit
IP and spouse.
9}Medical
Benefit to retired
Insured Period
1) Insurable employment
for a period of 5 years
and
2) Payment of Office of the
Contribution @ Rs. 15/-
PM in lump sum
for one year in
advance, each year.

Till the time
yearly contribution is
paid to the Concerned
Office of the
Corporation.
        ----- Insured
person and
his spouse

  • OTHER BENEFITS

Supply of special aids : Insured persons and members of their families are provided artificial limbs, hearing aids, artificial dentures, spectacles (for insured person only) & artificial appliances like spinal supports, cervical collars, walking callopers, crutches, wheel chairs and cardiac pace makers, dialysis/dialysis with kidney transplant etc. as part of medical care under the ESI Scheme.


  • RECORDS TO BE KEPT READY FOR ESI INSPECTION

1. Attendance Register/Muster Roll.

2. Salary/Wage Register/Payroll.

3. EC (Employee’s & Employer’s Contribution) Statement.

4. Employees’ Register U/R 32 (Form 7).

5. Accident Register U/R 66.

6. Return of Contribution (RC-Form 6).

7. Return of Declaration Forms (RDF - Form 3).

8. Receipted Copies of Challans.

9. Books of Account viz Cash/Bank, Expense Register, Sales/Purchase Register, Petty Cash Book, Ledger, Supporting Bills asnd Vouchers, a/w Delivery Challans (if any).

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