ESI Act & ESIC — Set 11
Labour Laws · ESI अधिनियम और ESIC · Questions 101–110 of 140
Under ESI, which benefit is provided for miscarriage?
Correct Answer: B. 6 weeks paid leave
Under the ESI Act, a woman insured person who suffers a miscarriage is entitled to receive sick leave with full pay for a period of six weeks following the miscarriage. This benefit is paid at the full wage rate. The provision recognizes the physical and emotional impact of miscarriage and provides women with adequate recovery time without loss of income.
Under the ESI Act, the Unorganised Workers Social Security Act 2008 is related to ESI in that:
Correct Answer: B. It provides a separate scheme for unorganised workers while ESI covers organised sector
The Unorganised Workers Social Security Act, 2008 was enacted to provide social security to workers in the unorganised sector who are not covered by the ESI Act. The ESI Act covers workers in the organised sector (factories and specified establishments). The Code on Social Security, 2020 aims to bring both categories under a unified social security framework. Together, these laws aim for universal social security.
Under the ESI Act, what are 'seasonal factories' for ESI purposes?
Correct Answer: B. Factories working only for certain seasons, with specific contribution rules
Under the ESI Act, seasonal factories (such as sugar mills, rice mills operating seasonally) have specific provisions for contribution and benefit calculations. Seasonal workers who work for defined periods are covered under ESI if the factory is covered. Their contribution period and benefit periods are adjusted to account for the seasonal nature of employment. This ensures seasonal workers also receive social security protection.
Under ESI, the benefit for commuting accident to a covered worker is:
Correct Answer: C. Covered as employment injury if during work-related travel
Under the ESI Act, accidents occurring during commuting to and from work may be covered as employment injuries in certain circumstances. If the employer provides transport and the accident occurs during that journey, it is typically treated as an employment injury. Courts have also extended coverage to accidents during travel for work purposes. The exact coverage depends on the circumstances of each case.
Under ESI, the Enhanced Sickness Benefit is at what percentage of the standard benefit?
Correct Answer: C. 100%
The Enhanced Sickness Benefit (ESBB) under the ESI Act is paid at 100% of the standard benefit rate (compared to 70% for ordinary sickness benefit). ESBB is paid to insured workers who undergo sterilization operations and to those suffering from specified long-term ailments such as TB, leprosy, mental illness, and others listed in a schedule. This higher rate reflects the more serious nature of these conditions.
Under the ESI Act, can an employer reduce wages because ESI contributions are being paid?
Correct Answer: B. No, ESI contributions are in addition to wages
Under the ESI Act, ESI contributions cannot be used as a reason to reduce wages. The employer must pay ESI contributions in addition to wages. The employee's share of contribution (0.75%) is deducted from wages, but the employer cannot reduce the gross wages to account for their own contribution (3.25%). Any reduction in wages for this reason would be an unauthorized deduction.
Under the ESI Act, which is the first step when a covered worker needs medical care?
Correct Answer: B. Register at nearest ESIC dispensary and get an ESI card
Under the ESI Act, when a covered worker needs medical care, they should visit the nearest ESIC dispensary or hospital with their ESI Identity Card (Pehchan Card). The Pehchan Card serves as the primary means of identification for availing ESI medical benefit. Workers can also register online through the ESIC portal. Free medical care is provided at ESIC facilities upon showing the card.
Under the ESI Act, Section 72 prohibits:
Correct Answer: B. Contracting out of ESI benefits or receiving less than statutory benefits
Section 72 of the ESI Act provides that any contract or agreement by an employer with a worker that the worker will receive less benefit than they are entitled to under the Act, or will forego any benefit, is void. This prevents employers from coercing workers into waiving their ESI rights. Any such agreement is unenforceable, and workers retain their full statutory entitlements under the ESI scheme.
Under the ESI Act, what is the primary purpose of the 'Pehchan Card'?
Correct Answer: B. Identification for accessing ESI medical and cash benefits
The Pehchan Card (Identity Card) is issued by ESIC to insured persons and serves as the primary means of identification for accessing medical benefit and other ESI facilities. The card contains the insured person's details, IP number, and photograph. The ESIC has moved towards a smart card system and Aadhaar-based identification to improve delivery of services.
Under the ESI Act, what must employers do within 3 months of the Act becoming applicable to their establishment?
Correct Answer: B. Register the establishment with ESIC
When the ESI Act becomes applicable to an establishment (by exceeding the employee threshold), the employer is required to register the establishment with the ESIC within a specified period. Registration involves submitting Form 01 with details of the establishment. After registration, the employer must register all eligible employees and get them issued IP numbers. Failure to register is an offence under the Act.