Hello Auditor

 Is ESIC applicable to contract workers?

Coverage under the ESIC Act

  • Yes, ESIC is applicable to contract workers if they meet the eligibility conditions.
  • The Employees’ State Insurance Act, 1948, does not exclude contract workers.
  • If they are employed in premises covered under the Act, they must be registered.
  • Wages must be within the statutory threshold (₹21,000 per month).
  • The nature of employment does not affect their right to ESIC benefits.

Responsibility of registration and compliance

  • The principal employer is responsible for registering contract workers.
  • Contractors may process registration, but the obligation lies with the main establishment.
  • The principal employer must ensure contributions are paid on time.
  • Failure to include contract workers may attract penalties.
  • Compliance must be ensured even if workers are hired through third-party contractors.

Contribution and benefit eligibility

  • Contribution rates are the same as for regular employees.
  • Employer contributes 3.25% and employee contributes 0.75% of wages.
  • Contract workers receive full ESIC benefits like medical care and cash benefits.
  • Benefits include sickness, maternity, disability, and dependents’ support.
  • Continued contribution ensures uninterrupted eligibility for benefits.

Documentation and verification

  • Contractors must collect details like name, Aadhaar, address, and wage records.
  • Employers must verify identity and employment status before registration.
  • e-Pehchan cards should be generated and issued to contract workers.
  • All records must be maintained by the principal employer.
  • Verification helps avoid duplication and ensures legal compliance.

Inspections and penalties

  • ESIC inspectors may check for compliance in contract labour employment.
  • Non-registration or delayed contribution can lead to penalties.
  • Interest and damages are applicable for delayed or missing payments.
  • Legal action may be initiated for willful default.
  • Maintaining proper records helps during audits and inspections.

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