Hello Auditor

What is ESIC compliance?

Definition and purpose

  • ESIC compliance refers to the employer’s legal responsibility to adhere to the provisions of the Employees’ State Insurance Act, 1948.
  • It ensures that eligible employees are covered under the ESIC scheme.
  • The goal is to provide social security and healthcare to workers.
  • Compliance is mandatory for establishments meeting coverage criteria.
  • It protects both employers and employees under a regulated framework.

Coverage criteria for employers

  • Applies to establishments employing 10 or more workers in most states.
  • Wage limit for employee eligibility is ₹21,000 per month.
  • Establishments like factories, shops, hotels, and clinics are covered.
  • Even contract and temporary workers must be included if eligible.
  • Once applicable, continued compliance is required regardless of employee count fluctuation.

Key responsibilities under compliance

  • Timely registration of the establishment and eligible employees.
  • Monthly deposit of employer and employee contributions before the due date.
  • Maintenance of employee records and payroll documentation.
  • Filing periodic returns and submission of contribution details.
  • Displaying mandatory ESIC notices at the workplace premises.

Due dates and penalties

  • Contributions must be deposited by the 15th of the following month.
  • Late payment attracts interest and penal damages under the Act.
  • Non-compliance can result in prosecution and recovery actions.
  • Accurate recordkeeping helps avoid penalties during inspections.
  • ESIC authorities may conduct audits to check adherence.

Records and inspections

  • Employers must maintain registers of employees and contributions.
  • Records should include attendance, wages, and employee identification.
  • Inspections may be carried out by ESIC officers without prior notice.
  • All documents must be made available for verification during audits.
  • Regular updates and corrections must be reflected in official records.

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