Obligation of Employers

Prakash (Lawyer) (165 Points)

04 January 2008  
OBLIGATIONS OF EMPLOYERS

The employer should get his factory or establishments registered with the E.S.I. Corporation within 15 days after the Act becomes applicable to it, and obtain the employer’s Code Number.

The employer should obtain the declaration form from the employees covered under the Act and submit the same alongwith the return of declaration forms, to the E.S.I. office. He should arrange for the allotment of Insurance Numbers to the employees and their Identity Cards.

The employer should deposit the employees’ and his own contributions to the E.S.I. Account in the prescribed manner, whether he has sufficient resources or not, his liability under the Act cannot be disputed. He can not justify non-payment of E.S.I. contribution due to non-availability of finance.

The employer should furnish a Return of Contributions alongwith the challans of monthly payment, within 30 days of the end of each contribution period.

The employer should not reduce the wages of an employee on account of the contribution payable by him (employer).

The employer should cause to be maintained the prescribed records/registers namely the register of employees, the inspection book and the accident book.

The employer should report to the E.S.I. authorities of any accident in the place of employment, within 24 hours or immediately in case of serious or fatal accidents. He should make arrangements for first aid and transportation of the employee to the hospital. He should also furnish to the authorities such further information and particulars of an accident as may be required.

The employer should inform the local office and the nearest E.S.I. dispensary/hospital, in case of death of any employee, immediately.

The employer must not put to work any sick employee and allow him leave, if he has been issued the prescribed certificate.

The employer should not dismiss or discharge any employee during the period he/she is in receipt of sickness/maternity/temporary disablement benefit, or is under medical treatment, or is absent from work as a result of illness duly certified or due to pregnancy or confinement.

Prakash