ESI ACT ,1948

The Employee State Insurance Act 1948 provides for certain benefits to employees in case of sickness ,maternity and employment Injury and also make certain other provisions . The act extends to the whole of India and to all the factories(with 20 or more employees ) except the seasonal Factories .

Act makes cumpulsory that subject to the provision of act all employees in factories or establishment to which this applies shall be insured in the manner provided by this act .Such insured persons shall pay contribution towards Insurance Fund through their employers who will also pay their contribution . Such insured people will get certain benefits from the ESIC FUND .

ESIC Fund is used for the foll purposes ::

a) To pay for the benefits and provision of Medical Treatment .
b) To pay for the fees and allowances to the members of the corporation .
c) To pay for the salaries , leave , joining time allowance , travelling & compensatory allowances ,Gratuity & Pension .
d) For the establishments of Hospitals , dispensaries & other institutions.
e) To defray the cost of auditing accounts of corporations and valuation of assets & Liabilities .

ESIC Contribution ::

Rule 51 states that a total of 6.5 % of contribution has to be made .Out of which ER has to make 4.75% and 1.75 % has to be made by the employee .

Who all are covered under ESIC ??

All employees who earn < or =10,000 a month are to be covered under ESIC ACT .Any employee who earns > than 10,000 is not to be provided for any ESIC Benefits .

Incase if disabled employees the min limit is 25,000 per month and also for 3 years Employees contribution is paid by the Govt .

Some basic Info abt ESIC ::

1) Employees whose basic average daily wages during a wage period is Rs 15 or less than Rs 15 are exempted to make any contribution .

2) Principal employer shall pay in respect of employee whether directly employed by him or on contract . He can get the same recovered by the immediate employer later .

3) Only the employee's contribuition has to be deducted from employees wages and not the Employer's contribution .

4) If Principal employer fails to pay the amount then he is liable to pay simple interest of 12% pa or at such higher rate as specified in the regulation .

ESIC Insurance Court ::

All disputes relating to ESI are to be heared in ESIC Court .

Employee Benefits under ESIC ::

1) Periodical payments in case os sickness certified by a medical Practitioner ;
2) Periodical PAyments to an insured workmen in case of miscarriage or sickness arising out of pregnancy , confinement ;
3) periodical payment to an insured person suffering from disablement as a result of employment injury ;
4) Periodical payment to dependents of insured Persons ;
5) Medical treatment and attendence on insured person ;
6) Payment of funeral expenses on the death of insured person @ prescribed rate of RS 1500/- .

Provident Fund ,1952

PF act provides for PF , Family Pension fund & deposit Linked Insurance for employees in factories & other establishments.

Applicability of this Act ::

1) PF Act is applicable to all those organisation where 20 or more peopel are employed or were employed at any time during the last 1 year .

2) Central Govt may even give instructions even to apply provision of PF act to a company which employs < 20 people .

What if number falls below 20 ??

# An establishment to which act implies shall to be governed by this act even when the number falls below 20 .

# Even if for a single day number of employees was 20 the act will apply to it . However casual employees will not be taken but if an establishment employs temporary employees as a regular feature such employees cannot be considered as casual employees & thus will be counted .

Appropriate Govt :

It maybe central Govt or state Govt .

Contribution of PF ::

Rate of Contribution :: 12% of BAsic Wages +DA (if applicable )

Both ER & EE have to make equal contribution .

ER contribution have not to be deducted from the wages of member .

Gratuity Act

Gratuity Act applies to employees engaged in Factories , Mines , Oil fields , Plantation ,Ports ,Railways Companies , Shops & Establishment .

Gratuity Act is applicable in any company in which 10 or more persons are employed or were employed on any day for preceeding 12 months .Appropriate Govt means central Govt where an establishment has branches in more than one state or an estblishment under the direct control of central Govt .

Continuous Service ::

A person is said to be in continuous service for the last 1 year if...

a) he works for 190 days in case he is employed in mine /underground and if such business works < 6 days a week .
b) 240 days in any other case .

For the last 6 months if ....
a) he works for 95 days in case he is employed in mine /underground and if such business works < 6 days a week .
b) 120 days in any other case .

Seasonal Business ::

An employee of a seasonal estabvlishment shall be deeemd to be in continuous service if he has actually worked for not less than 75 % of number of days on which establishment was operational during suich period .

Who is an employee under this Act ??

a) Every employee except any person who holds a post under the central govt /state govt and is governed by any other act is an employee .

b) Teacher is not an employee :: Teachers are not intended to be covered by the definition of employee .

c) All establishment except apprenticeships are entitled to Gratuity under this act .

Superannuation :: The age @ which an employee should vacate the employment (or as fixed in contract of emloyment is superannuation . In any other case age of 58 years is fixed .

Payment of Gratuity ::

Gratuity is only paid once an employee leaves an organisation . EVEN IF HE HAS COMPLETED 5 YEARS in the company though he is eligible for gratuity but he cannot receive the Gratuity during his association with the company . Only when he ceases to be an employee he can claim Gratuity . This could be on employees death or permanent disablement due to accident or some disease .

Procedure to claim Gratuity ::

Application should be send to the ER within 30 days from the date when gratuity becomes payable .If the date of superannuation or retirement maybe known ee may apply to ER before 30 days . A NOMINEE may also apply with a written application within 30 days .


Gratuity Amount ::

Step 1) Once the gratuity becomes payable ER shall determine the amount of gratuity and give notice in wirting to the controlling authority and the EE . This has to be done irrespective whether the application is received or no .

Step 2) The amount has to be paid to the EE within 30 days and if ER fails to do so then he has to pay interest to the EE @ LONG TERM DEPOSITS .The interest has to be paid from the date when gratuity becomes payable till the time when it is finally paid .

Step 3) NO interest has to be paid if there is a delay due to tHE problem of an employee and when ER has received a written application from the controlling authority for the delay in the payment .

Calculation of Gratuity Amount :;

Gratuity = 15 days last drawan basic salary for each completed years of service .

Definition of wages while calculating Gratuity ::

1) Wages include all emoluments earned by employee in cash while on duty or on leave .
2) It includes DA .
3) It doesn't include any bonus , commision , HRA ,OT wages or any other allowance .
4) If food supplied by ER is added in cash form to EE salary it will not be included .

Will a manager or an employee working in managerial capacity be covered in Gratuity Act ??

Yes . Anybody even employed in maangerial or administrative capacity will be covered under the Gratuity Act .But any employee who is working with central govt or state govt and is governed by any other act or rules will not be covered under the Gratuity Act .

Human Resources

Check my new website on Human Resource .You will find plethora of stuff on HR and related to HR .

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Horoscopes

Resignations -- " Now & Then "

There has been a sea change in the ways in which employeees submit their resignation to the company . Not only the mode but the emotional connect when submitting the resignation has also undergone a massive change . Neither Employees nor organistaions react when an employee moves from one place to another .In very few organistaions an attempt is made to study teh reason for any resignation and steps are taken to retain the trained staff . In Organistions which make an effort to retain a moving out talent are the organisations who value their employees and are concerned about their staff.

Unlike yesteryears , today when an employee submits a resignation there is no celebration on his last day to bid a good farewell .No momentos are given to the departing employee .In very few cases a ressurance of an open invitation to rejoin back until the position is filled is given to the employee .Also from the employee's point of view he abscond from the day s/he decide to quit .Just a Text SMS to the superior is more than enough to express disinterest to continue further .

The bond between the manager and his employee seems to be just contractual and not emotional .Subsequentally people rarely stay in touch except with personal friends the employee made during his tenure at the organisation .

Also Technology has widened the gap . Everything starting from sumbiting the resignation and accepting the resignation all happens online and thru E mail .Earlier people shared details about the new employer .Some good refernces were also provided .

Some organitions however do recognise the value of the employees ::

1) The best way to treat an exiting employee cud be a fat cheque , a big smile and a pat on his back .

2) Recognition is a gr8 motivator . Keeping in touch with the employee , touching base with him from time to time keeps an emotional bond alive and also helps to create a goodwill that will make him a brand ambassador who spreads a positive image .

What works in favour of ex employer is keeping track of special days and wishing ex employees on those occations . The firm that has a high employee connect and exit is a serious exercise is the one which an employee remembers all thru his life and spreads a good word around .

The BEST of organistions have detailed exit analysis where causative factors are analyzed and corrective measures related to structure , environment and leadership are taken from time to time .

Business Ethics

Every Business has some Ethics in its roots , on the basis of which ,its path ahead is defined . It becomes the responsibility of HR to make sure that ethics thus created are made known to its people , are followed and also are implemented .Ethics consists of moral principles governing the right and wrongs of human conduct ;its about the principles of right & wrong accepted by individuals or social group . They are the principles and standards that define acceptable conduct in business whih eventually should underpin decision making .

Normally companies get a COC (Code of Conduct )signed by their employees and donot place a seperate business policy .It becomes the duty of HR to place a seperate Business Ethics Policy in the company if it doesnot exist .It should be made ,mandatory for every employee to sign and adhere to it .It helps to create a healthy and ethical environment in the Organisations .

The following points may be kept in mind while framing the policy ::

1) The policy shoudl clearly define what employees shud do and dont .
2) There should not be any clause which provides a chance to escape .
3) Outside Business interests shud require the prior approval of the company .
4) Any kind of Bribe , gift is strictly prohibited .
5) Employees must not make any cash payments to its customers .
6) No payments shud be made to secure preferential action .
7) There should be a proper legal action laid in policy or panel decided to take action , if any breach of action occurs .

HR should take responsibility that managers ensure that employees reporting to them are fully informed of te Business Ethics Policy and the supporting Practices are adopted for their unit .

Thus , Industry needs to unite together and come towards forming strong Business Ethics Policies and take it seriously .This will enable peace and harmony @ the work place .