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Frequently Asked Questions (FAQs)

Is ESI registration required if a company has fewer than 10 employees?

Generally no. ESI registration is mandatory for establishments employing 10 or more persons (20 in some states) drawing wages up to the prescribed ceiling. Employers below this threshold are not obligated to register, though voluntary registration is available for those wishing to extend the scheme's benefits.

What is the current wage ceiling for ESI coverage?

Employees earning wages up to ₹21,000 per month (₹25,000 for persons with disabilities) fall within the ESI scheme's coverage. Employees earning above this ceiling are excluded from mandatory ESI coverage, irrespective of the establishment's overall employee count.

What are the current ESI contribution rates for employers and employees?

As per the rates notified with effect from July 2019, the employer contributes 3.25% and the employee contributes 0.75% of wages, totaling 4% of the covered employee's gross wages, deposited monthly with the ESIC.

Can an employee opt out of ESI coverage once they cross the wage ceiling mid-year?

No. Once an employee is covered under ESI at the start of a contribution period -- April to September or October to March -- they continue to be covered for that entire period even if their wages subsequently exceed the ceiling, ensuring continuity of benefits until the period ends.

What penalties apply for failing to register an eligible establishment under ESI?

Non-registration or non-payment of ESI contributions can attract prosecution under Section 85 of the ESI Act, 1948, with imprisonment of up to two years and fines, in addition to recovery of unpaid contributions with interest and damages under Section 85-B.

Do you offer a free legal consultation for ESI registration and compliance?

Yes, an initial consultation is available to assess your ESI applicability and walk through the registration and contribution process. You can call +91-9815580037 and ask for Mr. Harish Tiwari to schedule a discussion with the team.

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