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Ankur   07 September 2016

Esic exemptions

Sir,

My company is registered with ESI and PF. Our management wants to switch from ESI to Workmen Compensation Policy. Is this legally possible that my company can stop contribution with ESI act and can run only workmen compensation policy for all employees.

Please guide me, i will be grateful. If this is possible, what will be process.

 

Regards

Ankur



Learning

 6 Replies

Kumar Doab (FIN)     07 September 2016

By which notification, rules, etc you are contemplating to do so?

Ankur   07 September 2016

Sir, 

I am just pondering is this possible ? as we are tired of handling long process of esic challan and facility their offices all are hectic task for HR department. My company does not have much strength of employees it will be around 45-60. So we can provide them this policy for health and mediclaim coverage.

Under this preview, i am reconsidering. 

Kumar Doab (FIN)     07 September 2016

None can match benefits offerred by ESI.

https://esic.nic.in/CIRCULARS/standardnote010111230911.pdf

Kumar Doab (FIN)     07 September 2016

None can match benefits offerred by ESI.

https://esic.nic.in/CIRCULARS/standardnote010111230911.pdf

Kumar Doab (FIN)     07 September 2016

For Simple reading:

 

" exemption is permissible from operation of provisions of the Act subject to the condition that the employees in a factory or establishment covered are other-wise in receipt of benefits substantially similar or superior to those provided under the ESI Act. The appropriate Government may grant exemption to such factory or establishment for a period of one year at a time prospectively in consultation with ESI Corporation. Application for renewal is to be made three months before the date of expiry of the period exemption."

 

https://www.esic.nic.in/press/ESIC_FAQ_booklet.pdf

 

 

Prefer to read the Act and visit the jurisdictional ESIC office.

 

Kumar Doab (FIN)     07 September 2016

Dear Ankur,

Employer would want someone to take the onus of decision.

HR personnel should always remain unbiased and upfront and must not commit any trangression.

You may refer the matter to a counsel specializing in Labor/service matters for legal opinion.

Indivisually there is no scheme that can match the benefits offered by ESI so much so that there have provisions of salary in case of unemployment, coverage for self and spouse even after rtirement for a meagre amount of Rs.120/pa.

 

You may rather ask employer to include you as well.

Employee can by its sweet will.


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