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ApniLaw > Blog > Documentation > How To File A Case Under The Employee State Insurance (ESI)?
Documentation

How To File A Case Under The Employee State Insurance (ESI)?

Amna Kabeer
Last updated: November 18, 2024 1:10 am
Amna Kabeer
9 months ago
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How To File A Case Under The Employee State Insurance (ESI)?
How To File A Case Under The Employee State Insurance (ESI)?
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Employee State Insurance (ESI) is a social security scheme in India, established under the Employees’ State Insurance Act of 1948. It provides medical and financial assistance to employees facing health-related issues such as sickness, maternity, or employment injuries. It’s features include:

Contents
How To File For Employees’ State Insurance Returns?How To File A Case Under The Employee State Insurance (ESI)?

Applicable to factories and establishments with 10 or more employees earning up to ₹21,000 per month.
Employees contribute 0.75% of their wages, while employers contribute 3.25%.
Includes medical care, sickness benefits (70% of wages for up to 91 days), maternity benefits, and more.
Employees can claim 70% of their average daily wages for up to 91 days during certified sickness, allowing them to focus on recovery without financial stress.
To receive these benefits, employees must have contributed for at least 78 days in the relevant contribution period and meet specific conditionsFor long-term illnesses, employees may receive extended benefits for up to two years, provided they meet additional criteria.
ESI also covers medical expenses related to treatment, ensuring access to healthcare services during illness.

How To File For Employees’ State Insurance Returns?

Filing ESI returns is something companies under the Employees’ State Insurance (ESI) scheme must do twice a year to stay compliant. You can easily do this online using Form 5 or submit it manually at the nearest ESI office if needed.

Here’s a simple guide to filing ESI returns online:

After registering with ESI, you’ll get a 17-digit code, a user ID, and a password to access the portal.
Visit the ESIC website and log in with your credentials.
After logging in, go to the employee details section to make any necessary changes. Then, select ‘File Monthly Returns’ from the menu and check that all employee details are correct.
Enter your bank details and submit the form to file the monthly ESI contributions.
After making the payment, go to the ‘List of actions’ section and click ‘Generate challan’. This document is important and should be kept for future reference.
Under ‘Monthly Contribution’, choose ‘Self-certification’ and agree to the declaration by checking the box. If you have more than 40 employees, you’ll need to upload a certificate from a Chartered Accountant.
Complete the process by clicking ‘Submit’ to officially file your contribution return.
If you missed any contributions, those months must be filed manually. You can submit these at your local ESI branch office or to the regional ESI commissioner

How To File A Case Under The Employee State Insurance (ESI)?

To file a case under the Employee State Insurance (ESI) scheme, follow these steps:

Identify your grievance (non-payment, delayed claims, employer non-compliance).
Gather documents (ESI registration, contribution receipts, medical records).
Contact the local ESI grievance officer.
Submit a formal complaint to ESIC through their website or nearest office.
Track your complaint status and follow up if necessary.
Consider approaching the Labour Commissioner or filing a court case if unresolved.

Don’t let health issues or employment injuries stress you out. The Employee State Insurance scheme is designed to support you. By understanding how to file a case and claim your benefits, you can ensure you receive the protection and care you deserve. Remember to stay informed, stay protected!

Additional Resources:

ESI helpline: tel:+1800-11-2526

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TAGGED:EmployeeFinanceIndiaIndian LawInsuranceLawLegalLegal ProcedureWork
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