e) Obligation of employee & employers under Employment State
Insurance Act, 1948.
The Employees' State Insurance Act, 1948, is a pioneering measure in the field of social insurance in our country. The subject of health insurance for industrial workers was first discussed in 1927 by the Indian Legislature, when the applicability of the Conventions adopted by the International Labour Conference was considered by the Government of India. The Royal Commission on Labour, in its report (1931), stressed the need for health insurance for workers in India.
Obligation of the Employer
1).Get your Factory/establishment registered within 15 days after the Act becomes applicable. Submit Form to the Regional office for this purpose. Obtain Employers code No. For use in all ESIC Forms/documents and correspondence with the offices of the ESI Corporation.
2) Fill up Declaration Forms in respect of all coverable
employees and submit the same to the Regional Office/ Local Office of the corporation well before the Appointed Day and obtain insurance Numbers from the concerned Local Office/ Regional Office, In respect of newly appointed employees, fill up the declaration form soon after appointment of such employees and submit the same to the Local Office Concerned. 3 ) Pending receipt to identitycards/ identity certificates you may issue certificate of employment in Form 86 to the covered employee(s) enabling them to avail cash / medical Benefits. 4) Pay ESI contribution (Employee's Share @4.75% and the Employers share @1.75% of the wages)Within 21 days of the month following, in which the wages fall due. 5).Maintain an Accident Book as prescribed under the Factory Act/ ESI Act. 6).Submit an Accident Report to the Local Office/ESID is concerned immediately in respect of accidents that could result in death or disablement and within 24 hours of its occurrence otherwise. Minor accidents which do not cause absence from work need not be reported 7).Grant leave to insured employees on the basis of
sickness certificates issued by any authorised ESI
doctor. Obligation of employers for employee: 1.)Sickness and Extended Sickness Benefit: For sickness during any period, an insured person is entitled to receive sickness cash benefits at the standard benefit rate for a period of 91 days in any two consecutive benefit periods. The eligibility condition for sickness benefit is that the contribution of an insured person should have been paid/or payable for not less than half the number of days of the corresponding contribution period. 2.) Maternity Benefit: An insured woman is entitled to maternity benefit at double the standard benefit rate. This is practically equal to full wages for a period of 12 weeks, of which not more than 6 weeks shall precede the expected date of confinement. Additional maternity benefit is given in case of miscarriage. In case of sickness arising out of pregnancy, confinement, premature birth `of a child or miscarriage, an additional benefit is given for a period not exceeding one month. 3.) Disablement Benefit: If a member suffers an injury in the course of his employment, he will receive free medical treatment and temporary disablement benefit in cash, which is about 70 per cent of the wages, as long. as the temporary disablement lasts, provided that the temporary disablement has lasted for not less than 3 days, excluding the day of the accident. 4.)Dependants' Benefit: The dependants' benefit consists of timely help to the eligible dependants of an insured person who dies as a result of an accident, or an occupational disease arising. out, of, and 1Wthe course of, employment. Pension at the rate of 40 per cent more than the standard benefit rate (70 per cent of wages) will be paid periodically to the widow and children.
Obligation of the Employees
Maintain the following records/registers properly for the purpose of work order 1.Attendance Registers/ Muster Rolls (in respect of all employees including those employed through contractors) 2.Wage register 3. Cash Book/Bank Book 4.Account Books including Ledgers and Vouchers, Balance Sheet. 5. Employees Register 6.Accident Book 7.Returns of Contribution 8.Return of Declaration Forms 9.Copies of Challans 10.Inspection Book