ESI registration

A factory is defined under the ESI Act as any premises where ten or more persons are employed or were employed for wages on any day of the preceding twelve months, and, in any part of which, a manufacturing process is being carried out with or without the aid of power. If several departments are within the same premises and engaged in work related to or incidental to a manufacturing process, they are considered separate from the factory.

This definition includes seasonal factories working for not more than seven months a year, engaged in processes related to blending, packing, or repacking of tea or coffee, or other manufacturing processes as notified by the central government. However, mines and railway running sheds are excluded from this definition.

The critical factor for considering a premise as a factory is if there are ten or more persons working, regardless of whether they are paid wages. It’s important to note that not all individuals working in the factory need to be employed in the manufacturing process.

Definition of Establishment under ESI Act:

Under the ESI Act, an establishment is defined as an organized body of men or women or an institution, not confined to a specific premise or place. If an establishment employs 20 or more persons, it is required to obtain ESI registration in India. Therefore, establishments employing fewer than 20 employees, drawing less than Rs. 21,000 a month as wages, are exempt from ESI registration.

Shops are also required to be registered under the ESI Act. The Supreme Court has defined a shop as any premises where economic activities leading to sale or purchase are carried out. Therefore, service providers such as advertisement agencies, liaison offices, consultancy services, and real estate services are obligated to get ESI registration in India.

Educational institutions, hospitals, dispensaries, offices of auditors and solicitors, chartered accountants, and private commercial hospitals are excluded from this definition.

Benefits of ESI Registration in India:

ESI registration offers various benefits under the Employees State Insurance Corporation scheme:

Medical Aid: Registered ESI members and their family members enjoy benefits of complete medical care and insurance from the first day of employment.

Maternity Benefit: Pregnant women can avail maternity benefits payable for up to twenty-six weeks, extendable by 30 days on medical advice, at the rate of full wage.

Disablement Benefit: Temporary disability entitles the employee to 90% of wages from the first day, while permanent disablement benefits are payable at 90% of the monthly wage.

Sickness Benefits: Employees can avail sickness benefits, allowing absence from work due to illness for a maximum of 91 days per year at 70% of monthly wages.

Dependent Benefits: In the event of an employee’s sudden demise, dependents receive 90% of the monthly salary.

Funeral Expenses: Family members of deceased employees receive an additional Rs.10,000 for funeral expenses.

Confinement Expenses: Confinement expenses are available for insured women or wives of employees with no medical facilities under the ESI scheme.

Additional Need-Based Benefits:

Vocational Rehabilitation: Permanently physically challenged insured employees are entitled to vocational rehabilitation training.

Physical Rehabilitation: Employees facing physical disablement or injury due to employment hazards can avail physical rehabilitation benefits.

Old Age Medical Care: For an annual payment of Rs.120, retiring ESI employees or those opting for VRS/ERS can avail medical care benefits.

Extended Sickness Benefits: Employees suffering from chronic diseases can avail extended sickness benefits for up to 2 years.

Enhanced Sickness Benefit: Encouraging measures for ESI employees undergoing vasectomy or tubectomy for family welfare, with an extension available for post-operative complications.