LLP / PARTNERSHIP/ TRUST
LIMITED COMPANY / ONE PERSON COMPANY
An employer shall apply for FORM 01 within 15 days after the act becomes applicable to a unit or establishment.
Yes, it is a mandatory requirement for every employer who comes under this act to register their Factory/ Establishment.
Every employer covered under this act has to comply with various compliances such as the deposit of monthly contribution, in order to file half yearly return and report to ESIC authorities if there is any change in business activity, address, ownership, and the management, maintenance of registers and records etc.
No, right to receive any benefits under this act is not transferable.
It is a comprehensive Social Security Scheme designed to accomplish the task of socially protecting the ’employees’ in the organized sector against the events of sickness, maternity, disablement and death due to employment injury and to provide medical care to the insured employees and their families.
It is a 17 digit unique identification number allotted to each of the factory/establishment registered under the provisions of the Act. Such a number is generated through ESIC portal on submission of the pertinent information by the employer or generated on receipt of Survey report from the Social Security Officer.
Of course, an exemption is permissible from the operation of provisions of the Act subject to the condition that the employees in a factory or establishment covered are otherwise in receipt of benefits substantially similar or superior to those provided under the ESI Act. The appropriate Government may grant an exemption to such factory or establishment for a period of one year at a time prospectively in consultation with ESI Corporation. Application for renewal is to be made three months before the date of expiry of the period exemption.
The contribution shall be paid in respect of an employee into a bank duly authorized by the Corporation within 21 days of the last day of the calendar month in which the contribution falls due for any wage period (Reg. 29 & 31).
Any sum deducted by the Principal employer from wages under the ESI Act shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted (Sec. 40(4). Non-payment or delayed payment of the Employee’s contribution deducted from the wages of the employee amounts to ‘ Breach of trust’ and is punishable under IPC 406.