The Hon’ble Supreme Court has passed an Order recently (ESIC v/s Texmo Industries (Madras) dated 08 March 2021) stating that conveyance allowance or traveling allowance does not fall under the definition of ESI wages.
This has been affirmed as a reported judgment by the Apex Court.
So far, following the judgment passed by Hon’ble High Court of Karnataka, the conveyance allowance was considered as a part of wages and was being included for ESI contribution calculation and to arrive at salary ceiling of Rs. 21,000 per month.
Going forward, the employers have to exempt conveyance allowance from ESI contributions and for computing the ceiling limit of Rs. 21,000 per month.
However, this is subject to further appeal of EPFO before the Apex Court if any.
The highlighted points in this reported judgment copy is shared here below.
ESI provisions extended to Thoothukudi District, TN
24 Jun, 2022ESIC has notified that certain ESI provisions shall come into force effective from 01 July 2022, in all the areas of Thoothukudi district in the Tamil Nadu.
ESI Regulation certificates to be issued online
22 Jun, 2022In order to facilitate the Insured Persons to avail their cash benefits without any delay, ESIC has directed to all its authorities that with effect from 01 August 2022, payment of cash benefits should be end-to-end online. No regulation certificate for any cash benefit will be issued by the ESIC/ESIS dispensary in physical form.
ESI provisions extend to Andaman & Nicobar Islands
30 May, 2022ESIC has notified extending the provisions applicable to certain class of establishments in the areas of Andaman & Nicobar Islands with effect from 01 June 2022.
State-wise list of 596 notified districts under ESI Scheme
12 May, 2022ESIC has released a circular providing the state-wise list of notified districts under the ESI Scheme.
ESI provisions to extend Bajali district, Assam
01 May, 2022ESI provisions to extend Bajai District in the State of Assam with effect from 01 June 2022.
ESI benefits to Nagapattinam District in TN
25 Apr, 2022ESIC has published a notification that with effect from 01 April 2022, the medical benefit as laid down in Regulation 95-A of ESI (General) Regulations and the Tamil Nadu Employees' State Insurance (Medical Benefit) Rules, 1955 shall be extended to the families of insured persons in the entire area of Nagapattinam districts in the State of Tamil Nadu, in addition to the already implemented area in the district.
Timely Settlement of Medical Reimbursement Claims
25 Apr, 2022ESIC has issued a circular directing that the reimbursement claim of Insured Persons should be settled within 30 days from the receipt of the bill.
Relaxation of Time Limit for Depositing and Filing ESI Contribution
13 Apr, 2022ESIC has issued a circular giving relaxation to all employers facing problems in respect to depositing ESI Contribution for the period of March 2022.
State Wise Updated List of Notified Districts under ESIC
11 Apr, 2022ESIC has issued a circular to notify the updated list of all the districts covered by ESIC.
Health check up program in Industrial Clusters by ESIC
25 Mar, 2022ESI to conduct regular Health check-up programme in Industrial Clusters to update employee about their health condition and encourage them to adopt a healthy lifestyle with effect from 28 March 2022.
ESI amendment on sickness benefits under maternity leave
07 Mar, 2022The ESI Corporation has amended Rule 55(1) of the Employees’ State Insurance (Central) Rules, 1950.
Enforcement of ESI Provisions in Nagapattinam
01 Mar, 2022The ESIC has notified that with effect from 01 April 2022, certain provisions from Chapter IV (Contribution), Chapter V (Benefits), and Chapter VI (Adjudication of disputes and claims) of The Employees’ State Insurance Act, 1948, shall come in force in Nagapattinam district of the State of Tamil Nadu.
Draft Employees' State Insurance (Central) Amendment Rules, 2022
24 Feb, 2022The Ministry of Labour and Employment has issued Draft Employees' State Insurance (Central) Amendment Rules, 2022 to further amend Employees’ State Insurance
(Central) Rules, 1950.
ESIC to relax eligibility conditions under COVID-19 Relief Scheme
01 Feb, 2022ESIC has issued a notification to relax the eligibility condition of the ESIC COVID-19 Relief Scheme.
List of District Notified for ESI Scheme as on January 2022
21 Jan, 2022ESI Corporation has issued a circular listing the state-wise notified/non-notified districts under ESIC Scheme as on 01.01.2022.
ESIC Medical Benefits in Assam effective from 01 January 2022
21 Jan, 2022ESIC appoints 01 January 2022 to extend the medical benefits to districts of Assam.
ESI relaxes eligibility condition under Atal Beemit Vyakti Kalyan Yojana
12 Jan, 2022ESI Corporation relaxes the eligibility condition of 2 years insurable employment before unemployment and contributory condition of Atal Beemit Vyakti Kalyan Yojana with effect from 01.07.2021.
ESI Act in Specified Districts of Assam
23 Dec, 2021Certain Provisions of ESI Act will come into force in Specified Districts of Assam effective from 01 Jan 2022.
ESIC to link Insurance Number with EPFO's UAN
09 Dec, 2021ESIC has decided to link the Insurance Number of Insured Persons with the UAN allotted by EPFO.
ESIC to relax eligibility under ABVKY Scheme
08 Dec, 2021ESIC has decided to relax the eligibility condition for the Atal Beemit Vyakti Kalyan Yojana Scheme. As per this relaxation, the Insured Person should have been in insurable employment for a minimum period of 12 months immediately before his/her unemployment and should have contributed for not less than 78 days in the one completed contribution period in 12 months immediately preceding the unemployment.
ESIC initiatives for health & safety of insured persons
04 Dec, 2021ESIC launches annual preventive health check for ESI insured persons and women aged 40 years and above, relaxes the COVID Relief Scheme contribution conditions and setup more hospitals.
ESI relaxes time limit for filing and depositing ESI contribution
16 Nov, 2021The time limit for ESI contribution for Oct 2021 has been extended to 30 Nov 2021 and return of contribution for the period April 2021 to Sept 2021 may be filed up to 15 Dec 2021.
Seeding of UAN in the Insurance Module
08 Nov, 2021ESIC has issued a circular regarding the provision for seeding of UAN data in Employer's Module of Corporation. The Employers can use the screen to enter the UAN data of Insured Persons(IPs) in the Insurance/Panchdeep Module.
ESI Circular on Conveyance allowance not a part of Wages
08 Nov, 2021ESIC has issued an internal circular instructing that the conveyance allowance shall not form part of the wages of the employee as per the Hon'ble Supreme Court's judgment.
ESI circular on documents submission for late registration
01 Nov, 2021ESIC through its circular has notified that employers' requesting for change in date of registration have to submit their relevant documents to the concerned RO/SRO in prescribed proforma within fifteen days of the issue of show cause notice. If the employers fail to submit the documents within the due date, the late registration application may be rejected, and the date of registration will be deemed as the date of appointment.
ESI provisions to take effect in Coimbatore and Thanjavur districts
29 Oct, 2021ESI notifies that the provisions of Chapter IV, V, and VI shall come into force in all the areas of Coimbatore and Thanjavur Districts in the State of Tamil Nadu with effect from 01 November 2021.
ESI provisions to take effect in certain districts of Maharashtra
27 Oct, 2021ESI notifies that the provisions of Chapter IV, V, and VI shall come into force in all the areas of Ahmednagar, Jalna and Yavatmal districts in the State of Maharashtra with effect from 01 November 2021.
ESI provisions enforced in certain districts of Assam
27 Sep, 2021The ESI Corporation, with effect from 01 October 2021, has implemented the provisions of Chapter IV (Contribution), Chapter V (Benefits), Chapter VI (Adjudication Of Disputes and Claims) in all the areas of Baksa, Charaideo, Dima Hasao, Hailakandi, Hojai and Kokrajhar districts of Assam.
ESI provisions takes effect in certain parts of Tripura
23 Sep, 2021Certain provisions of ESI shall take effect from 01 October 2021, in all the areas of Dhalai, Gomati, North Tripura and Sepahijala district, in the State of Tripura.
ESIC Provisions comes to effect In Mayiladuthurai, Vellore, Ariyalur Districts Of Tamil Nadu
31 Aug, 2021ESIC has implemented the provisions towards Chapter IV (Contribution), Chapter V (Benefits), Chapter VI (Adjudication Of Disputes and Claims) effective from 1st day of September, 2021 in all the areas of Mayiladuthurai, Vellore and Ariyalur in the State of Tamil Nadu.
ESIC extends the Atal Beemit Vyakti Kalyan Yojana till 30 June 2022
13 Aug, 2021ESIC extends the Atal Beemit Vyakti Kalyan Yojana (ABVKY) Scheme with its relaxed eligibility conditions and enhanced rate of relief till 30 June 2022.
ESI notifies the COVID 19 Relief Scheme
11 Aug, 2021ESI will pay the periodic payments to the eligible dependant family members if the Insured Person’s death is due to COVID 19. This scheme is effective from 24 March 2020 for a period of 2 years.
The draft notification for the ESIC COVID-19 Relief Scheme was published in the Gazette on 18th June 2021 and suggestion received were considered. Accordingly, the ESIC notified the Scheme now.
Certain provisions of ESI applicability at Madurai, TN from 01 August 2021
28 Jul, 2021The Ministry of Labour and Employment notifies the applicability of certain ESI provisions to all the areas in Madurai District, Tamil Nadu effective from 01 August 2021.
ESI benefits to casual, contractual employees of Municipal Corporations, Councils at NCT Delhi
28 Jul, 2021The Ministry of Labour and Employment extends the ESI applicability to all the casual and contractual employees of the Municipal Corporations, Councils of NCT Delhi where the ESI provisions has been already brought into force.
ESI announces the coverage for casual and contractual employees of municipal bodies
10 Jun, 2021The Ministry of Labour and Employment has announced the decision to extend ESI coverage to all casual and contractual workers working the municipal bodies. The coverage shall be extended to those casual and contractual employees, agencies, establishments which are within the implemented areas already notified under the ESI Act.
ESIC announces the COVID 19 Relief Scheme
03 Jun, 2021ESI will pay the periodic payments to the eligible dependant family members if the Insured Person’s death is due to COVID 19. This scheme is effective from 24 March 2020 for a period of 2 years.
Additional benefits under ESI and EPF EDLI schemes for workers’ family dependants
30 May, 2021The family dependants of Insured Persons (IP) under the ESI scheme, who have been registered in the online portal of the ESIC prior to their diagnosis of COVID disease and subsequent death due to the disease, will be entitled to receive the same benefits and in the same scale as received by the dependents of insured persons who die as a result of employment injury, subject to certain conditions.
Under the EPFO’s Employees’ Deposit Linked Insurance (EDLI) Scheme all surviving dependent family members of the members of this scheme are eligible to avail benefits of EDLI in case of death in harness of the member.
ESI provisions partially come into force in Erode District, Tamil Nadu from 01 June 2021
28 May, 2021TWith effect from 01 June 2021, the provisions of Contributions, Benefits, and Adjudication of Dispute and Claims under chapter IV, V, and VI of the ESI Act, respectively are enforced by the Central Government in Erode District of Tamil Nadu to extend the benefits in this COVID 19 pandemic to face the requirements.
ESIC Pensioners Medical Scheme - Revised Guidelines
25 May, 2021ESIC has published revised guidelines for entry to the ESIC's Pension Medical Scheme (PMS), regulation of Fixed Medical Allowance payment, eligibility of Super Speciality Medical Treatment, modalities for providing medical treatment to the beneficiaries, provision of tie-up arrangement with private hospitals, etc.
ESI provisions partially come into force in West Bengal
21 May, 2021With effect from 01 June 2021, the provisions of Contributions, Benefits, and Adjudication of Dispute and Claims under chapter IV, V, and VI of the ESI Act, respectively are enforced by the Central Government in Alipurduar, Cooch Behar, Kalimpong, Purulia, North & South Dinajpur Districts of West Bengal to extend the benefits in this COVID 19 pandemic to face the requirements.
The enabled provisions of ESI Act are:
Chapter IV - provisions of Contributions except sections 44, 45
Chapter V - provisions of Benefits
Chapter VI - provisions of Adjudications of Dispute and Claims except sections 76(1), 77,78,79 and 81.
The medical benefits (as laid down in Regulation 95-A of the Employees’ State Insurance (General) Regulations and the West Bengal Employees' State Insurance (Medical Benefit) Rules, 1955)shall be extended to the families of insured persons in the entire area of Alipurduar, Cooch Behar, Kalimpong, Purulia, North & South Dinajpur Districts of West Bengal.
ESIC clarifies Aadhar not a mandate to claim benefits
20 May, 2021ESIC has clarified that the insured persons under the ESI Act shall not be denied any benefit for the want of Aadhar.
ESIC extends contribution filing for April to 15 June 2021
12 May, 2021The ESIC has extended the deadline for filing of ESI contribution for April 15th, 2021 to 15th June, 2021 instead of 15th May, 2021.
ESI contribution dues date for April 2021 extended to 15 June 2021
12 May, 2021ESIC has allowed the filing of April month’s ESI contribution up to 15 June 2021 instead of 15 May 2021.
ESIC reaches out to its beneficiaries to provide medical care and relief during COVID 19 pandemic
29 Apr, 2021The Insured Persons (IP), under the ESI Act can seek free medical care in its COVID 19 dedicated hospitals, reimbursement of expenditure for treatment taken in any private institution, sickness benefit for the period of abstention from work at 70% of average daily wages for 91 days, remedial reliefs if they become unemployed in this pandemic and cash relief in the event of unfortunate demise.
ESIC extends relaxations in eligibility conditions in Atal Beemit Vyakti Kalyan Yojana for 6 months
06 Apr, 2021The eligibility conditions for the Atal Beemit Vyakti Kalyan Yojana (ABVKY) Scheme are further extended for a period of 6 months from 01 January 2021 to 30 June 2021 with same terms and conditions as notified earlier.
ESIC publishes list of the fully notified, partially notified, and non-notified areas
01 Apr, 2021ESI Corporation, in continuation to its previous circular of November 2020, notified the updated list of the fully notified, partially notified, and non-notified areas in the states and union territories.