ESI Act & ESIC — Set 14
Labour Laws · ESI अधिनियम और ESIC · Questions 131–140 of 140
Under the ESI Act, can an employer recover the employee's share of contribution from wages?
Correct Answer: B. Yes, by deduction from wages at the time of payment
Under the ESI Act, the employer is required to pay both the employer's contribution and the employee's contribution. The employer can recover the employee's share of contribution (0.75% of wages) by deducting it from the employee's wages at the time of payment. The employer cannot deduct more than the prescribed rate, and cannot recover the employee's share from other sources or advance wages.
The ESI Act provides medical benefit to insured persons under which chapter?
Correct Answer: C. Chapter V
Chapter V of the ESI Act (Sections 46 to 73) deals with benefits under the scheme. Section 49 specifically provides for the medical benefit. Chapter V covers all the different types of benefits including sickness, maternity, disablement, dependants', medical benefit, and funeral expenses. Understanding the chapter structure helps in answering questions about specific ESI provisions.
Under the ESI Act, the ESIC publishes its accounts in the form of:
Correct Answer: B. Statement of accounts including receipts and payments and income and expenditure
The ESIC is required by the ESI Act to maintain proper accounts and publish them. The accounts include receipts and payments accounts showing contributions collected, benefits paid, and administrative expenses, as well as income and expenditure accounts. These accounts are audited by the Comptroller and Auditor General (CAG) of India. Published accounts ensure transparency and accountability.
Under the ESI Act, employment injury leading to death entitles the dependants to:
Correct Answer: B. Dependants' benefit as regular pension
Under the ESI Act, if an insured worker dies as a result of an employment injury, their dependants are entitled to the Dependants' Benefit, which is a regular monthly payment equivalent to 90% of the worker's standard wage rate. The benefit is distributed among the widow, children, parents, and other dependants as specified in the Act. This provides long-term financial security to the family of the deceased worker.
Under the ESI Act, the ESI scheme covers workers on probation?
Correct Answer: B. Yes, once employed in a covered establishment workers are covered
Under the ESI Act, employees in a covered establishment are covered from the first day of employment, including those on probation. There is no waiting period for ESI coverage based on employment status. Once the wage ceiling condition is met and the establishment is covered, the worker is automatically insured. The medical benefit is available from the first day without any contribution precondition.
Under the ESI Act, ESI contribution is due for which categories of payment to workers?
Correct Answer: B. Wages, dearness allowance, and regular allowances (excluding specific exclusions)
Under the ESI Act, ESI contribution is due on 'wages' which includes all remuneration paid at regular intervals. This includes basic wages, dearness allowance, production incentives paid regularly, and other regular allowances. It excludes annual bonus, overtime exceeding standard hours, and certain one-time payments. The employer must calculate contributions accurately based on the correct definition of wages.
Under the ESI Act, sickness benefit is payable for a maximum of how many days in two consecutive benefit periods?
Correct Answer: C. 91 days
Under the ESI Act, sickness benefit is payable for a maximum of 91 days in two consecutive benefit periods. The benefit periods run from January 1 to June 30 and July 1 to December 31. Within these periods, a worker can claim up to 91 combined days of sickness benefit. Extended sickness benefit for specified long-term diseases can extend this period up to 2 years.
Under the ESI Act, who is authorized to certify a worker as permanently disabled?
Correct Answer: C. Medical Board constituted by ESIC
Under the ESI Act, the Medical Board constituted by ESIC is authorized to certify the degree of permanent disablement. The Medical Board examines the worker and assesses the percentage of loss of earning capacity due to the employment injury. The Board's assessment determines the rate of Permanent Disablement Benefit. A Review Medical Board can reconsider the degree of disablement.
Under the ESI Act, what does 'National Safety Award' relate to?
Correct Answer: B. Award given by Ministry of Labour for best safety practices
The National Safety Awards are given by the Ministry of Labour and Employment to factories and mines that demonstrate exemplary safety practices and achieve accident-free production. While distinct from the ESI scheme, they are related to the overall goal of workplace safety that the ESI Act promotes. These awards encourage employers to maintain safe working conditions to reduce employment injuries.
Under the ESI Act, total contributions (employer + employee) as a percentage of wages is:
Correct Answer: B. 4%
The total ESI contribution rate is 4% of wages: employer pays 3.25% and employee pays 0.75%. This rate was revised in June 2019, reduced from the earlier combined rate of 6.5% (4.75% employer + 1.75% employee). The reduction was intended to reduce the cost of employment for employers and increase take-home pay for employees, thereby encouraging formal employment.