ESI and PF - Brief Overview

Employee State Insurance or ESI is a scheme launched by the Government of India to offer medical, monetary, and other benefits to workers. Whereas, Employees’ Provident Fund is a social security system that helps employees save a short portion of their salary for future advantages. PF ESI common registration is done by companies through the onboarding of new employees.

An Employment Provident Fund (i.e. EPF) is a retirement perk that is usable by every salaried employee. This reserve is managed and controlled by the EPFO (i.e. the Employees Provident Fund Organisation of India). Any organization engaging20 employees or more are required to register under the EPFO as per our constitutional framework. Contribution to the PF account is necessary for each employee receiving a basic salary up to INR 6500. It is just a savings medium that allows employees to set aside a fraction of their resources each month.

ESI stands for Employee State Insurance administered by the Employee State Insurance Corporation which is an independent body created by the law below the Ministry of Labour and Employment, Government of India. This scheme is begun by Indian workers. The workers are presented with a huge variety of medical, monetary, and other advantages from the employer. Any Company owning more than 10 employees have a maximum salary of Rs. 15000/- has to mandatorily register itself with the ESIC.

Benefits of ESI Registration

ESI Registration ensures that employees enjoy the following benefit under the Employees State Insurance Act, 1948:

  1. Sickness benefit
  2. Maternity benefit
  3. Disablement benefit
  4. Funeral Expenses
  5. Dependent benefit
  6. Physical Rehabilitation
  7. Medical benefit
  8. Medical treatment by state government
  9. Medical and Para-medical Education
  10. Old Age Medical Care
APPLICABILITY TO COVER UNDER ESI REGISTRATION

The ESI Act, 1948 applies to following categories of factories and establishments in the implement area:
• Non-seasonal factories using power and employing ten (10) or more persons and wages of such employee are less than 21000/- per month.
• Non-seasonal and non-power using factories and establishments employing twenty (20)

DEFINITION OF ESTABLISHMENT UNDER ESIC REGISTRATION IN INDIA

According to the notification issued by the appropriate Government (Central/State) under Section 1(5) of the Act, the following establishments employing 10 or more persons attract ESI registration cover following establishment.
• Commercial Establishment
• Factory
• Shops
• Eating House
• Hotels
• Restaurants
• Residential Hotel
• Cinemas
• Theater
• Other place of amusement & entertainment
It is the statutory responsibility of the employer under Section 2A of the Act read with Regulation 10-B, to register their Factory/ Establishment under the ESI Act within 15 days from the date of its applicability to them

CONTRIBUTION BY EMPLOYER & EMPLOYEE

The rates are revised from time to time, currently (w.e.f. 01.07.2019)

• The employee’s contribution rate is 0.75% of the wages
• That of employer’s is 3.25% of the wages paid/payable in respect of the employees in every wage period
• Employees in receipt of a daily average wage upto Rs.137/- are exempted from payment of contribution. Employers will however contribute their own share in respect of these employees.
• An Employer is liable to pay his contribution in respect of every employee and deduct employee’s contribution from wages bill and shall pay these contributions at the above specified rates to the Corporation within 15 days of the last day of the Calendar month in which the contributions fall due.

Corporate Mitra provides support to get ESI and PF registration all over India.

RETURNS TO BE FILED UNDER ESI BY EMPLOYER

Return to be filed through online portal of Shram Suvida E-Return Facility having link: https://return.shramsuvidha.gov.in/user/login
• Annual DGM/CLC Return
• Monthly ECR Return
Also, the following documents must be maintained regularly, for filing ESI returns.
• Attendance register
• Register for Form – 6
• The Register of wages
• Register of any accidents on the premises
• Inspection book
• Monthly challans and returns submitted for ESI

CONSEQUENCE OF NON PAYMENT

Non-payments, delayed payments, or falsifying payments under ESI Act may attract imprisonment for a period extending up to 2 years and a fine of up to Rs 5,000.

CONSEQUENCE OF DELAY PAYMENT

An employer who fails to pay the contribution within the limit specified in the regulation shall be liable to pay simple interest at the rate of 12% per annum in respect of each day of delay or default in payment of contribution.

Documents Required For ESI and PF Registration

The documents that would be required are as follows:

Establishment Details

• Copy of PAN Card
• Address of the business
• In case of factory, copy of factory licence
• In case of start-up, startup registration certificate
• In case of MSME, copy of MSME Registration certificate
• Ownership Details

E-contact details

• Email Id
• Mobile Number
• Details of Contact Person
• Copy of PAN
• Designation and date of joining the establishment
• Address and contact details

Details of Primary and other owners

• Copy of PAN
• Designation and date of joining the establishment
• Address and contact details

Details of any other certificate. E.g. GST Registration, Shops and Establishment registration or any other certificate granted by government authority
Details of employees covered under EPF Act
Details of Branches and divisions
Details of activities

• NIC Code of activity (Not Mandatory)
• Nature of work

Proof of Address

• Copy of Bank passbook/statement
• Copy of electricity connection in the name of establishment
• Copy of water connection in the name of establishment
• Copy of postpaid telephone bills in the name of establishment
• Any licence/Number/Certificate issued by government Authority

Agreement between employer and employee in case of voluntary coverage