Thursday, June 25, 2009

ESI Educate, Tips about ESIC.

1. 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.

2.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 01 within 15 days of receipt of communication of such allotment of code number to you Regulation 10-B(cc)

3. 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.
4. 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?

5. 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

6.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

7. Employers are identified by their individual “employer’s code number”
and employees by their individual “insurance number”
Always quote them in your reference/ correspondence.

8. 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.

9.“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.

10.-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

11. 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.

12. 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.

13. 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.

14. Penalties are imposed, prosecutions may be launched

o not because you offend us,
o but because you offend your own employees.

15. 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.

16. 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

17. 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

18. 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.

19.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.

20. Do not dismiss, discharge or punish an IP when he/she is in receipt of sickness, maternity or temporary disablement benefit

21. 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.

22. ESIC-37 is a must for medical treatment if you are yet to submit RC for the relevant contribution period

23. 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”

24. 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”

25. 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).

26. 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.

27. 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.

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