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Hello Seniors,

Good Afternoon to Everyone.

I Need Clarifications & help in ESIC.

1. Suppose any employee is working in ESIC non-implemented areas and wants to take benefit (Medical Benefit only) from ESIC, are there any provisions for taking the same?

2. Suppose if any employer is deducting contributions under ESIC & also contributing & submitting employer contribution for employees who are working in ESIC non-implemented areas, then is it possible for employees to take benefits from ESIC (Medical Benefit for family members & self)?

3. If any employee is working in an ESIC non-implemented area (in any factory outside the city) and lives in an ESIC implemented area (in the City) doing daily up-down, and wants to take benefit from ESIC (medical Benefit for Self & Family Members), then is there any provision for the employer to make ESIC deductions for those employees and also make employer contributions to facilitate those employees.

4. ESIC is not applicable in non-implemented areas, then is there any other option other than the WC Act for getting Medical Benefit for those employees.

Please Reply.

Your comments and advice are highly invited.

Regards,

Naved Shaikh.

From India, Bhopal
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1- Not Possible

2- The company will not deduct if it is not in an implemented area.

3- ESIC is formed and is duly connected with the wages of workers. Therefore, it is mandatory that the establishment comes under the implemented area. If the establishment is not in the implemented area, then there is no meaning to deduct ESIC, and the employer can't get any benefit from ESIC, whether they live inside or outside the limits of ESIC.

From Singapore
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Dear Mr. Naved Shaikh,

Under the Workers' Compensation Act, the employer has the legal liability to pay compensation to employees who are uncovered or fall under the non-implemented zone of ESIC.

As per your queries:

- 1st Point: There are no provisions to take benefits out of ESIC; rather, the employer can contribute to the liability of employees under the Indian Fatal Accident Act of 1855. Under this policy.

- Secondly, it is noteworthy that ESIC non-implemented areas do not provide any benefits to employees. Therefore, it is not correct that the employer is doing the right thing by deducting contributions.

- It doesn't matter if the worker is living in an implemented area; if they are registered to work under a non-implemented area, they are not eligible for the same.

- Your fourth point is very valid, and employees can receive medical benefits by compensating them under the E.S.I. Act for diseases sustained or body injuries during their employment under the WC Act.

P.S: The WC Act states that E.S.I. covers only the IP, not the family/dependents.

* Indian Fatal Accident Act 1855

If you have any further questions, please feel free to reach out.

Best regards,

[Your Name]

From India, Visakhapatnam
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Hi Navid,

Don't think too much and get confused. There are many policies available with private insurance companies you can choose which is suitable for your company's mode of operations. The regulations are laid in the interest of employees to provide social security.

Thanks for the valuable answers by Mr. Harshil and Ms. Sharmila Das.

Chills,
Karthik

From India, Vijayawada
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Yes Mr. Naved Shaikh. I second as Mr. Karthik suggested though. Its a modus operandi in the way your company would like to opt any suitable scheme. Hope your perplexness is clarified.
From India, Visakhapatnam
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hi naved i am also recommended u to cover your employees to private insurance...they have a lot of policies and options for u.... thanks/regards Soundararajan.K
From India, Mumbai
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I do agree with Soundarajan K. As no Act prevents employer in providing such additional medical benefit.
From India, Chennai
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Thanks for your quick response.

But the matter is, the benefit given by ESIC is far better than any other private firm in terms of medical benefits (super specialist medical treatment/cashless). If any employer wants to provide full coverage (to employees with a salary below 15000/- in non-implemented areas) in terms of medical benefits, then?

The WC Act only covers accidental cases caused in the office/factory; outside the factory, it is not applicable. In terms of medical benefits, as per the WC, the employer is not liable to provide any kind of medical facility to employees and their family members.

Please suggest a way forward.

From India, Bhopal
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1. The Workers' Compensation Act is not a replacement for the Employees' State Insurance Act; it serves a different purpose.

2. In the case of an establishment located in a non-implemented Employees' State Insurance (ESI) area, it is advisable to provide coverage for employees under medical policies that are suitable for them. This suggestion aims to maintain high morale among the Human Resources.

Murugesan R
murugesan_r63@yahoo.com

From India, Chennai
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Even my company is not covered and we took Insurance policy for the workers and Employee. In that case we have also taken WC Policy.
From India, Indore
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Hi there,

There are two types of policies:

1. Accidental Insurance Policy, where an employee receives a death benefit or disability benefit in case of an accident. The premium will be a maximum of Rs. 150 per annum. You can obtain this free of cost with a Salary account; simply speak to your bank to avail of the same.

2. The MediClaim policy, also known as a cashless medical/hospitalization benefit card. There are two types: Individual and Family coverage.

When we compare financially, in terms of documentation, etc., I strongly feel that the private sector is far superior to ESIC.

Chills,
Karthik

From India, Vijayawada
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Hello Friends,

The area where my plant is located is also not covered by ESIC. Workmen's Compensation Policy is one way of handling this liability, but it does not cover minor illnesses and sick leaves. We have opted for a Personal Accident Policy which covers fatal accidents but not minor accidents. Therefore, we have also provided coverage for employees under a Cashless Medical Insurance Policy - category-wise. For workers, we have extended coverage to their families and parents. For staff, it includes only the employee and immediate family. There are numerous combinations available here. Choose your requirements and budget carefully.

I recommend speaking with the insurance companies; they will be your best advisors for the plans.

Regards,
Kalpana Iyer

From India, Pune
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Naved,Its all depend on your budget for the same u can go with Oriental Insurance they have good corporate plans.
From India, Indore
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Dear Naved,

Please note one thing only - if the organization is established in a non-notification area, you cannot deduct the ESI unless they live in an ESIC area. In such a case, you cannot avail any benefits of ESIC.

If you wish to provide benefits for your employees and their family members, you can consider taking a Group Health Insurance Policy. Additionally, it is essential to have an Employee Compensation Policy (WC policy) for your employees.

From India, Alwar
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