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ESI Educate |
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Submit Form 01 and register your factory or establishment within
15 days
of its applicability under Section 2(12) or 1(5) of ESI Act
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If your factory or establishment has been covered and allotted a
code number, based on information available to the ESI
Corporation, do not fail to submit Form 01within 15 days of
receipt of communication of such allotment of code number to you
Regulation 10-B(cc)
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Employer’s Registration Form (i.e. Form 01) revised with effect
from 01.01.05.
To apply for employers’ code number from 01.01.05, file this
revised form.
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Submit annual return in Form 01-A for every year, on or before
31st January of the following year (Regulation 10) effective
01.01.05
Have your submitted your first annual
return for the year?
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Consider and cover all the persons employed for wages upto Rs.
10000/- p.m. Never discriminate between our employees in matters
of coverage and compliance whether you call them
o permanent or temporary
o regular or casual
o time-rated or piece-rated
o daily rated or weekly/monthly rated
o technical or non-technical
o male or female
o willing or unwilling
o trainees or apprentices
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Do not fail to hand over the TIC or the photo identity card to
the respective employee as soon as received from the Branch
office of the ESIC
Remember, the photo identity card is the property of your
employee and should be with him. Employer has no right or
business to detain them
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Employers are identified by their individual “employer’s code
number”
and employees by their individual “insurance number”
Always quote them in your reference/ correspondence.
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Pay/Deposit contribution through/at any of the authorised
branches of State Bank of India, either by Cash or Cheque.
When by cheque, deposit sufficiently in advance to allow for
realisation
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“Register of Employees” is the basic and comprehensive record of
ESI Covered employees. Maintain it neatly and properly and close
it every month over your or authorised representatives signature |
Submit Return of Contributions (Form 5) complete in all
respects, with evidence for payment of contribution (receipted
bank challans) within 42 days of the end of the contribution
period
o Return for contribution period ending 30th September is due by
11th November
o Return of contribution period ending 31st March is due by 12th
May
o Regulation 26 |
Do not fail to indicate/ enclose the following in your return of
contributions:-
o Date of appointment of employee (if new entrant)
o Date of leaving employment (if so)
o Name of ESI Dispensary as opted by each employee (with changes
if any)
o Insurance number of employee
o Receipted branch challans, in evidence of remittance of
contribution
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If you are closing down your factory/establishment permanently,
do not forget to pay contribution on the day of closure itself,
and to submit RC within 7 days of closure.
This will help early inspection and deletion of your factory/estt
from our records. |
Pay contribution and submit Return of Contributions in time.
Serious delay or default on your part will burden you, embarrass
us and ultimately affect your employees, for no fault of theirs.
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Penalties are imposed, prosecutions may be launched
o not because you offend us,
o but because you offend your own employees. |
Penal provisions are there only to ensure and secure compliance
with laws.
Failure to comply is
o not when you do not register yourself and your employees
o not when you cannot pay contribution
o not when you do not submit returns
o But only when you refuse to respond
to show-cause notices.
o Do reply to notices
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Inspection of your factory/establishment is a statutory
requirement (Section 45 of ESI Act). But you can avoid it as
and when you comply.
If an inspection is round the corner, take it that you have done
enough default and damage.
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Should there be an inspection of your factory/estt. under ESI
Act, extend your sincere co-operation with the inspecting
authority.
Do not obstruct inspection or defer/deny production of records.
No one can keep on doing that.
Why do you think we are after most of the employers?
It is enough indication that almost every alternate employer is
at fault in one or the other aspect.
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Inspection Book is another important ESI register wherein the
ESI Inspector records his visit to your premises, leaves remarks
on discrepancies and deficiencies found out during inspection
and necessary advice on follow-up. |
Produce it during inspection and
o Insist upon a record of such inspection, every time the ESI
Inspector inspects…
o Take not of observations of the ESI Inspector as recorded in
the Inspection Book and comply with them. |
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Do not reduce /discontinue benefits otherwise admissible to your
employees under the pretext of ESI Benefits |
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Do not dismiss, discharge or punish an IP when he/she is in
receipt of sickness, maternity or temporary disablement benefit. |
Issue certificate of continuing employment in Form ESIC-37 on
demand, to enable your employee to get medical treatment in the
absence of entitlement confirmation.
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ESIC-37 is a must for medical treatment if you are yet to submit
RC for the relevant contribution period |
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ESIC-37 may be required if you have submitted your RC already in
time and still the ESI Dispensary has not received the relevant
“live list” |
ESIC 37 is not required, if the “live list” and the wanted Ins
no. in the list, are very much available.
Indiscriminate demand and issue of ESIC-37 is cumbersome and
refer to ESI Dispensary concerned or to us for remedy. |
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Issue certificate or employment in ESIC-105 to your employees
while on tour or authorised leave at outstation localities to
enable your employees to take medical treatment (valid for 3
months) |
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ESIC –105 is not required for family of an employee if the
family resides in a different place either in or out of the
State) A separate photo identity card for family (ESIC-4A) can
be obtained on application from the Branch Office |
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Submit Accident Report to Branch Office / IMO (in Form 15)
within 24 hours in ordinary cases and immediately in the event
of death of employee. Regulation 68 |
Render first aid to the injured person and taken him to the
nearest ESI Dispensary/ Hospital immediately - Regulation
69
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It
is the age of manufacturing
It is the age of outsourcing
And, it is the scene of job-working now
Let us produce goods
Let us market products
Let us negotiate wages
Let us co-exist in economy
And above all, Let us make secure
Those men on machines,
who work for us
who work for their family
The human resources, simply
we call them employees, insurable persons
ESI- a bit in their favour
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Employers-
o You could be a principal Employer when manufacturing
o You could be an Immediate Employer when say, job working
But, there is only one chunk in common
o The Employees on either side
o Whether they are permanent or temporary, casual or time-rated,
or a factory worker or job-worker
and what not ESI cover –
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A word to the Principal Employers
A job-working undertaker for you is none other than
your Immediate Employer”
You may not call him so
You have a little more to do with him than to award job-work
alone
o Yes, ready, get set and go…
o To cover the employees employed by you through/ the
immediate employer also.
o To pay contribution (employees’ & employers’ share) in respect
of such employees on their wages in the first instance on behalf
of your immediate employer |
A word to the Principal Employers
o To recover, of course, such contribution from the immediate
employer in the prescribed manner
o To call for the Register of Employees (in Form 6) maintainable
by such immediate employer, under Reg 32(1)(a) and examine it
every month before you settle payment to your immediate employer
o To get understood that you cannot disown your indirect
employees as well as your direct employees.
ESIC- in an effort to bring you and
your immediate employer
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A word to the Immediate Employers
o A job-work given to you is very much the Principal Employer
o Again ESI laws say so..
o You may take job-work from the Principal Employer (an ESI-covered
employer)
o When you do so, you acquire a few liabilities :
o To keep and maintain a register in Form 6, showing the name,
Insurance no (when registered), wages paid month-wise,
employees’ contribution due & employees’ contribution due on
wages in respect of your own employees.
o To produce this register to the Principal Employer every month
when you claim labour charges
o To allow the Principal Employer to recover contribution from
such charges, if he has already paid contribution in respect of
your employees on your behalf.
ESIC- in an effort to bind you both,
you and the principal employer
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An appeal to the Principal &
Immediate Employers
Before we call you coverable, call yourselves ESI-compliant
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All that requires is –FORM 01 and a CODE NUMBER
Whether you give or take the so called job-work
ESI Registration is not only a statutory obligation but also a
business compulsion today
And even part of the much wanted professionalism in labour law
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An appeal to the Principal & Immediate Employers
The 10th or 20th employee in your premises may be a tie for you
You may like or dislike
But he is the most important person for us
It is he who brings both of us together
Let us honour him
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An appeal to the Principal &
Immediate Employers
Declare your employees!
o From the first to the last
o From the eleventh to the last
o From the twenty first to the last
Because they too work for you
They too require protection
Let us not discriminate
Let us cut costs, but not at the cost of labour welfare
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Have you ever agreed with us?
OR rather –
Are you aggrieved by us?
Conflicts will be there ! But
Let us sort them out
The way the natural justice demands it
We are always open to you-
Refer to us, talk to us, write to us
Before you get a possibly wrong advice
Before you rush to a court
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