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Preeti Jain (company secretary)     02 September 2013

Group medical insurance

Dear All,

 

Whether an employer can start deducting amount of Medical Insurance Premium from salary of existing employees whose salary is above Rs. 15000/- without their consent ?

Note: Such premium was not part of CTC at the time of appointment.

 

Is there any case law or rules or guideline regarding the similar issue ? ?

 

Your early response is highly appreciated.

 

Thanks in anticipation



Learning

 5 Replies

Kumar Doab (FIN)     03 September 2013

ESIC Act  is applicable if the wages as per def. of wages in the Act is up to Rs.15000/pm ………….

Employee may go thru the language of standing orders of the company, appointment letter issued by the company to employee…………

Probably you mean to state that there is no private agreement between you and employer for the acceptability of insurance scheme and deduction of insurance premium to be contributed by employee…………….. and no consent is given by you.

In your case you may request the good offices of appointing authority, MD to bear the total cost of premium without levying any burden on you.  

Based upon their response you may proceed further.

You may go thru:

>Payment of Wages act 1961:

7. Deductions which may be made from wages.

11. Deductions for services rendered.-

13. Deductions for payments to co-operative societies and insurance schemes.-

13A. Maintenance of registers and records.

15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.-

 

> The Shops and Establishments Act of your state e.g;

The Delhi Shops and Establishments Act, 1954

20.  DEDUCTIONS WHICH MAY BE MADE FROM WAGES:

2. (x)  Deductions  for  payment  to  co-operative  societies  or  to  a  scheme  of  insurance approved by the Government.

> Similar thread at following link:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=46155&offset=2#.UiTYKNKAqWM

Discussion > Labour & Service Law > Others > Deduction of premium for insurance without employees consent

 

https://www.lawyersclubindia.com/forum/Premium-deduction-from-employees-salary-65914.asp#.UiTY8tKAqWM

Discussion > Labour & Service Law > Employment > Premium deduction from employees salary

 

 

https://www.lawyersclubindia.com/forum/Query-on-group-insurance-schemes-46270.asp#.UiTZkdKAqWM


Attached File : 497045789 basics of group insurance (2).doc downloaded: 68 times

Preeti Jain (company secretary)     05 September 2013

Thank you sir for your valuable advice. This Proved beneficial for me.

Kumar Doab (FIN)     05 September 2013

CTC is Cost to Company due to employee being there in the company.

If employee has to pay for the entire premium then employee should have the liberty to buy the policy from company of his choice and  the premium, T&C as chosen by him...................


Pls update the thread on decision of the company in above case.

It shall help many.



Preeti Jain (company secretary)     05 September 2013

After reading your reply, I realise that this step of the Company will not sustain in the eyes of law. So, I confidently drafted a mail to HR requested to either cancel my enrollment from such policy or Company should bear all the expenses.

 

Finally, HR decided to get my enrollment cancel for which he had refused earlier during our verbal communication stating the policy a mandatory one.

 

Thanks

Kumar Doab (FIN)     05 September 2013

Since HR had stated that policy is mandatory and proceeded to deduct premium from wages without consent of employee but later cancelled the enrollment, demand refund...................


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