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1) INTRODUCTION
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Employees’ State Insurance Scheme of India, is an integrated social security scheme
tailored to provide social protection to workers in the organised sector and
their dependants in contingencies, such as, sickness, maternity or death and
disablement due to an employment injury or occupational disease. The scheme tailored to
suit health insurance requirements of workers provides full medical facilities to insured persons and their dependants, as well as,
cash benefits to compensate for
loss of wages or earning capacity in different contingencies.
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2) APPLICABILITY OF THE ESI ACT
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The ESI Act, (1948) applies to the following categories of factories
and establishments in the implemented areas:-
- Non-seasonal factories using power and employing ten(10) or more persons
- Non-seasonal and non power using factories and establishments employing twenty (20) or more persons.
The "appropriate Government" State or Central is empowered
to extend the provisions of the ESI Act to various classes of
establishments, industrial, commercial, agricultural or otherwise
in nature. Under these enabling provisions most of the State Govts
have extended the ESI Act to certain specific classes of establishments,
such as, shops, hotels, restaurants, cinemas, preview theatres, motors
transport undertakings and newspaper and advertising establishments etc.,
employing 20 or more persons.
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3) ORGANISATION
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As provided under the ESI Act, the scheme is administered by a duly constituted
corporate body called the Employees’ State Insurance Corporation (ESIC). It
comprises members representing Central and State Governments, Employers, Employees,
Parliament and the medical profession. Union Minister of Labour functions
as Chairman of the Corporation whereas the Director General, as chief executive,
discharges the duty of running the day-to-day administration.
A Standing Committee representing all stake holders is elected from
the body corporate for managing the affairs of the scheme and monitoring the progress
of implementation of various decisions and policies etc. from time to time.
The Medical Benefit Council , a statutory body advises the Corporation
on matters related to administration of medical benefit under the ESI scheme.
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4) INFRASTRUCTURE
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The central headquarters of the Corporation is located at New Delhi. For purpose
of coverage, revenue collection, extension of the scheme to new classes of establishments,
implementation of the scheme in new areas, co-ordination with the State Governments
and general administration the Corporation has established Regional and sub-Regional
Offices across the country mostly located in State capitals.
Given the huge number of beneficiaries – about 329 lakhs now – the Corporation has
set up a wide spread network of service outlets for prompt delivery of benefits
in cash and kind that includes full medical care.
Medical facilities are provided through a network of 1427 ESI Dispensaries, over
2100 Panel Clinics, 307 diagnostic centres besides 143 ESI hospitals and 43 hospital
annexes with over 27000 beds. For providing super-speciality medical care
the Corporation has tie up arrangements with advanced medical institutions in the
country, both in public and private sector. The medical benefit is administered
with the active co-operation of State Governments.
The payment of cash benefits is made at the gross roots level through as many as
800 Branch Offices and Cash Offices that function under the direct control of the
Corporation.
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5) CONTRIBUTION
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The ESI Scheme is mainly financed by contributions raised from employees covered
under the scheme and their employers, as a fixed percentage of wages. As of
now, the rates of contribution are:-
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( i )
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Employees’ Contribution
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1.75 percent of wages
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(ii)
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Employers’ Contribution
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4.75 percent of wages
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- Employees’ earning upto Rs.50/- a day as wages are exempted from payment of their
part of contribution.
- The State Govts bear one-eighth share of expenditure on Medical Benefit within the
per capita ceiling of Rs.900/- per annum and any additional expenditure beyond the
ceiling.
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6) WAGE CEILING
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Employees of covered units and establishments drawing wages upto Rs.10,000/- per
month come under the purview of the ESI Act, 1948 for multi-dimensional social security
benefits.
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7) SOCIAL SECURITY BENEFITS
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Quantum, Scale and Contributory Conditions
Employees covered under the scheme are entitled to medical facilities for self and
dependants. They are also entitled to cash benefits in the event of specified
contingencies resulting in loss of wages or earning capacity. The insured
women are entitled to maternity benefit for confinement. Where death of an
insured employee occurs due to employment injury or occupational disease the dependants
are entitled to family pension – the dependants benefit.
Various benefits that the insured employees and their dependants are entitled to,
the duration of benefits and contributory conditions therefore, are as under ; -
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(i) Medical Benefit
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Full medical facilities for self and dependants are admissible from day-one of entering
insurable employment. Whereas, the primary, out patient, inpatient and specialist
services are provided through a network of Panel clinics, ESI dispensaries and hospitals,
super speciality services are provided through a large number of advanced empanelled
medical institutions on referral basis.
Eligibility to Medical Benefit
- From day-one of entering insurable employment for self and dependants such as spouse,
parents and children, own or adopted.
- For self and spouse on superannuation subject to having completed five years in
insurable employment on superannuation or in case of having suffered permanent physical
disablement during the course of insurable employment.
- The rate of contribution for superannuated/disabled IPs is Rs.120/- per annum payable
in lump sum at Branch office for availing full medical care for self and spouse.
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(ii) Sickness Benefit
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Sickness Benefit is payable to an insured
person in cash, in the event of sickness resulting in absence from work and duly
certified by an authorised insurance medical officer/practitioner.
- The benefit becomes admissible only after an insured employee has paid contribution
for at least 78 days in a contribution period of six months.
- Sickness Benefit is payable for a maximum of 91 days in two consecutive contribution
periods (one year)
- Payment is to be made by the Branch Office within 7 days of certification of sickness
at a standard rate which is not less than 50 per cent of the wages.
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Extended Sickness Benefit is payable
to insured persons for the period of certified sickness in case of specified 34
long term diseases that need prolonged treatment and absence from work on medical
advice.
- For entitlement to this benefit an insured person should have been in insurable
employment for atleast two years. He/she should also have paid contribution
for a minimum of 156 days in the preceding four contribution periods or say two
years.
- ESB is payable for a maximum period of two years on the basis of proper medical
certification and authentication by the designated authority.
- Amount payable in cash as extended sickness benefit is equal to about 70 per cent
of the daily wages.
- The benefit is payable within 7 days following the submission of complete claim
papers at the Branch Office concerned.
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This cash benefit is payable to insured persons in the productive age group for
undergoing sterilisation operation, viz. vasectomy/ tubectomy .
- The contributory conditions are same as for the normal Sickness Benefit.
- Enhanced Sickness Benefit is payable to an Insured women for 14 days for tubectomy
and for 7 days in case of vasectomy in respect of male IPs .
- The amount payable is double the standard sickness benefit rate, that is, equal
to full wages.
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(iii) Maternity Benefit
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Maternity Benefit is payable to insured
women in case of confinement or miscarriage or sickness related thereto.
- For claiming the benefit an insured woman should have paid contribution for at least
70 days in two consecutive contribution periods i.e. one year.
- The benefit is normally payable for 12 weeks which can be further extended
upto 16 weeks on medical grounds.
- The rate of payment of the benefit is equal to full wages or double the Standard
Sickness Benefit rate.
- The benefit is payable within 14 days of submission of duly authenticated
the claim paper
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(iv) Disablement Benefit
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Disablement Benefit is payable to insured
employees suffering from physical disablement due to employment injury or occupational
disease.
- An insured person should be an employee on the date of the accident.
- Temporary disablement benefit @ 70 per cent of the wages is payable till
temporary disablement lasts and is duly certified by authorised insurance medical
officer.
- In case of permanent disablement, the cash benefit is payable for life.
Amount payable is worked out on the basis of loss of earning capacity determined
by a medical board.
- Disablement benefit is payable within one month of submission of the complete claim
papers.
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(v) Dependants Benefit
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Dependants benefit (family pension)
is payable to dependants of a deceased insured person where death occurs due to
employment injury or an occupational disease.
- A widow can receive this benefit on a monthly basis for life or till her re-marriage.
- A son or daughter can receive this benefit till eighteen years of age.
- Other dependants like parents including a widowed mother etc. can also receive this
benefit under certain conditions.
- The rate of payment is about 70 per cent of the wages shareable among dependants
in a fixed ratio.
- The first instalment is payable within a maximum of three months following the death
of an insured person and thereafter, on a regular monthly basis.
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(vi) Other Benefit
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Some other benefits offered by the Scheme are:-
- Funeral expenses on death of an I.P. subject to a maximum of Rs.2500/- payable
at the Branch Office.
- Vocational Rehabilitation in case of disabled insured persons under 45 years
of age with 40 percent or more disablement.
- Free supply of physical aids and appliances such as crutches, wheelchairs,
dentures, spectacles and other such physical aids.
- Preventive health care services such as immunisation, family welfare services,
HIV/AIDS detection, treatment etc.
- Confinement Allowance @ Rs.1000/- is paid to an insured woman or in respect
of the wife of an insured person in case she does not avail medical facilities of
the scheme for child delivery.
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8) RIGHTS & DUTIES OF EMPLOYERS
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a) Duties of Employers
- An employer will apply in Form-01 for coverage under the ESI Act, within 15 days
after the Act becomes applicable to a factory or establishment.
- The employer will submit Declaration Form in respect of all coverable employees
in the unit.
- The employer will collect temporary identity cards from the Branch Office concerned
followed by permanent photo identity cards and pass them on to the employees concerned.
- The employer will deposit both employees and employers contribution as per specified
rates within 21 days of the following month.
- The Employer will maintain an Accident Book and submit accident reports to the Branch
Office, involving insured worker(s) on the job, within 24 hours of an accident.
- The Employer will maintain all such records and registers as are required under
the Act and produce them for verification/inspection before the authorised officers
of the Corporation.
- The employer will facilitate proper inspection of records/registers and the premises
by visiting officers of ESIC as and when so required.
- The employer shall submit half-yearly Return of Contributions (RC) by 12th
May/11th November every year with all columns properly filled.
- The employee shall indicate insurance number of IPs in chronological order in the
return of contribution and his own code number in all correspondence.
- The employer will not make any false declaration or misrepresentation of facts,
concerning the applicability of the Act, or, admissibility of benefits to employees
– regular, hired or contractual.
- The Employer will ensure that contribution is paid in respect of all contract labour,
badli and casual workers drawing wages upto Rs.7500/- a month.
- The employer will promptly report the date of closure of a factory/establishment
to the ESIC Branch Office/Regional Office, preferably within seven days of such
closure and clear ESI liabilities.
- The employer will report any change in business activity, address, ownership or
the management to ESIC authorities forthwith.
- An employer will also ascertain the liability towards ESI dues, while taking over
the ownership of a factory/establishment through purchase, gift, lease, licence
or otherwise as the new owner is liable to discharge past liabilities.
(b) Rights of Employers
- Exemption from applicability of Workmen’s Compensation Act,
1923
in respect of employees covered under the scheme.
- Exemption from applicability of Maternity Benefit Act,
1961 in
respect of insured women.
- Right to be represented on ESI Corporation, Medical Benefit Council and other important
committees of the Corporation that may be formed from time to time.
- Right to be supplied requisite Forms as may be required for fulfilling any obligation
under the ESI Act.
- Right to recover employees share of contribution on the spot from the wages of insured
persons.
- Right to appeal to Employees’ Insurance Court in case of any disputes.
- Right to seek exemption from the applicability of the Scheme in case benefits provided
by the management are similar or superior to those available under the ESI Scheme.
- Right of access to all essential information concerning the applicability of the
Act, benefits, contribution, inspections and other procedures.
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9) SAFE GUARDS FOR INSURED EMPLOYEES
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- Right to receive payment of any benefit under the Act shall not be transferable
or assignable.
- Cash Benefits payable under the Act are not liable to attachment or sale in execution
of any decree or order of any court.
- Employer shall not dismiss, discharge or reduce the wages or otherwise punish a
covered employee during the period he/she is in receipt of Sickness Benefit or Maternity
Benefit etc.
- By reason of his liability to pay his share of contribution under the ESI Act, no
employer shall directly or indirectly reduce the wages of a covered employee.
- Right to register their grievances/complaints at any level for immediate redressal.
- Right to approach ESI Court against any action/decision of the Medical Board etc.
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10) ROLE OF ESIC IN DELIVERY OF BENEFITS
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The ESIC is to ensure that:
- The quality and quantity of benefits is as per norms and standards laid down by
the Corporation for the purpose.
- The benefits are made available within the given time frame to insured persons and
beneficiaries.
- No harassment is caused to the beneficiaries across the counter at the grass root
level by way of word or deed.
- All requisite information, procedural guidance etc. is made available to the beneficiaries
for claiming benefits.
- All types of forms etc. are made available to the beneficiaries free of cost as
may be required by them for filing claims etc.
- No beneficiary is exploited at any level in any way in the process of delivery of
benefits.
- Office hours as notified for ESIC/ESIS establishments are strictly adhered to by
the staff and displayed prominently so as to avoid any inconvenience being caused
to the beneficiaries in smooth flow of benefits.
- Drugs, dressings, injections etc. as prescribed by the authorised doctors are made
available timely.
- A complaint box is fixed within the office premises for posting written complaints.
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11) ROLE OF ESIC IN SERVICING EMPLOYERS
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- To develop a responsive, purposive and productive relationship with employers.
- Seek their active involvement in the improvement of the scheme as a confidence building
measure.
- Provide them necessary guidance in fulfilling their lawful obligations under the
ESI Act.
- Make available to them requisite Forms and proformae as may be required by them
from time to time.
- To ensure that any lax medical certification on part of ESIC does not bring down
the productivity of a factory or establishment.
- To ensure that in case of any difficulty, doubt or misunderstanding employer is
given a chance to be heard at an appropriate level.
- To ensure that all correspondence emanating from the employer is responded to, timely
and objectively.
- To ensure that an employer is not being harassed by any official of the Corporation
authorised to inspect the premises or the records.
- To ensure that any grievances received from employers are looked into promptly and
pointedly for speedy redressal.
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12) REDRESSAL OF PUBLIC GRIEVANCES
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ESI Scheme, being a multi-discipline service intensive social security programme
for workers, an estimated 3.5 lakh beneficiaries visit the service outlets at the
grassroots level daily, either for treatment or for availing cash benefits.
In such a highly interactive and dynamic system there is sufficient scope for any
inadvertent or wilful harassment being caused to the beneficiaries. The Corporation
has, therefore, set up an elaborate system for speedy redressal of public grievances
and complaints at various levels. Grievances can be reported in writing, on
telephone, by post or in person to any of the following officers:-
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BRANCH OFFICE LEVEL
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Manager, Incharge of Branch Office.
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DISPENSARY LEVEL
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IMO Incharge .
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HOSPITAL LEVEL
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Medical Supdtt./Dy.Med.Supdtt .
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REGIONAL LEVEL
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i) Public Grievance Officer.
ii) Regional Director ESIC.
iii) Director Medical ESI Scheme.
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CORPORATE LEVEL
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Director Public Grievances,
ESI Corporation,
C.I.G. Road
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New Delhi-110 002.
011-23236786
23234092 (Extn.279)
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