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Employee State Insurance Act

Section:38, Reg 11-15 :Insurance of All Employees

Obligation : To ensure that all employees to which this act applies are insured under the act and have a valid Insurance Number.

Type:Preventive Compliance Frequency: Monthly

Action to be taken:
To obtain from all eligible employees who do not have an insurance number or an ID card issued under the ESI Act, all details required in the Declaration Form (Form I ESI Regulations) with the employees signature/thumb impression. Despatch the forms with the Temporary Identification Certificate by registered post or messenger to the appropriate office within 10 days of the submission of details by the employee.
On receipt from the ESI office, forward the Temporary Identification Certificate with an Insurance Number to the employee after obtaining his signature / thumb impression on it. Enter the employees insurance number on a contribution card prepare fir the employee.

Audit Requirement:
Do all employees who are eligible under the act have a valid Insurance Number ?

Supporting Documents:
Details of employees not registered.

Related Documents:
 Form I - Regulation 11 & 12 : Employee Declaration Form   View doc  30.2 Kb

Related Triggers:
Hiring a New Employee/Employee Joining The Company

Related Keywords:
Employee Joining The Company
ESI (Employee State Insurance)

Related Sections:
Employee State Insurance Act, 1948
Chapter:Contributions| 38:All employees to be insured:
Subject to the provisions of the Act, all the employees in factories or establishments to which this Act applies shall be insured in the manner provided by this Act.

Employee State Insurance (General) Regulations, 1950
Chapter:Collection of Contributions Etc| 11:Declaration by person in employment on appointed day:
The Employer in respect of a factory or an establishment shall require every employee in such factory or establishment to furnish, and such employee shall on demand furnish to him either before or on the appointed day, correct particulars required for the purpose of Form 1 (hereinafter referred to as the Declaration Form). Such employer shall enter the particulars in the Declaration Form including the Temporary Identification Certificate, and obtain the signature or the thumb- impression of such employee and also complete the from as indicated thereon. Employee State Insurance (General) Regulations, 1950
Chapter:Collection of Contributions Etc| 12:Declaration by persons engaged after the appointed day:
(1) The employer in respect of a factory or an establishment shall , before taking any person into employment in such factory or establishment after the appointed day, require such person (unless he cam produce an Identity Card or other document in lieu thereof issued to him under these regulations) to furnish, and such person shall on demand furnish to him, correct particulars required for the Declaration Form 1 including the Temporary Identification Certificate. Such employer shall enter the particulars in the Declaration Form 1 including the Temporary Identification Certificate and obtain the signature or the thumb-impression of such person and also complete the form as indicated thereon.

(2) Where an Identity Card is produced under sub-regulation (1), the employer shall make relevant entries thereon. Employee State Insurance (General) Regulations, 1950
Chapter:Collection of Contributions Etc| 14:Declaration Form to be sent to appropriate office:
The employer shall send to the appropriate Office by registered post or messenger, all Declaration Forms without detaching the Temporary Identification Certificate prepared under these regulation together with a return in duplicate in Form 3 within 10 days of the date on which the particulars for the Declaration Form were furnished. Employee State Insurance (General) Regulations, 1950
Chapter:Collection of Contributions Etc| 15:Allotment of Insurance Number:
On receipt of the return required under Regulation 14, the appropriate Office shall promptly allot an Insurance Number to each person in respect of whom the Declaration Form has been received unless it finds that the person had already been allotted an Insurance Number. The Temporary Identification Certificate with Insurance Numbers marked thereon shall be detached and returned to the employer along with one copy of Form 3. The employer shall deliver the Temporary Identification Certificate to the employee to whom it relates after obtaining his signature or thumb-impression thereon except in the case of an employee to whom a certificate of employment has been issued under Regulation 17-A. The Insurance Number allotted by the Regional Office to an employee and indicated in the copy of Form 3 returned to the employer, shall be entered by the employer on the register of employees (Form 6) and return of contributions.