Hi,
My sister was working in a school and she has been admitted in hospital from last week and when I have check in school for ESI facility they informed that they don' provide those facility for temporary employee & they provide ESI for employee who completed 3 years only. Is it possible to get the bills reimbursed? or can I raise a issue against the school for not providing the ESI facility?
Please assist
From India, Mumbai
My sister was working in a school and she has been admitted in hospital from last week and when I have check in school for ESI facility they informed that they don' provide those facility for temporary employee & they provide ESI for employee who completed 3 years only. Is it possible to get the bills reimbursed? or can I raise a issue against the school for not providing the ESI facility?
Please assist
From India, Mumbai
This is a very interesting question.
The Schools, Colleges, Universities and other Educational Institutes though are "Establishments", are being exempt from the state law relating to shops and establishments. However, in the state of Tamil Nadu, by notification dated January 02, 2013, the state government has extended the provisions of ESI Act to Shops, Hotels,Restaurants, Road Motor Transport Establishments, Cinemas, Newspaper Establishments, Educational Establishments and Medical Institutions including hospitals, nursing homes, diagnostic centers, pathological labs, wherein 10 or more persons are employed. Therefore, in the State of TN, the ESI act is now applicable to every such establishment employing 10 or more persons and located in the implemented part of TN State.
There is no such a notification for the State of Maharashtra, at least I have no come across to that.
Many companies are running schools and hospitals as a charity and for the benefit of the employees and society. The employment in such schools and hospitals, if shown as a part and parcel of the manufacturing activity, then mostly ESI gets applicable to schools and hospitals. If it is applicable, then it is to be applicable right from the entry in the employment. Another point will be whether a teacher can be considered as an employee under ES Act. As a matter of fact, teachers are not workman under ID Act, but are covered under Gratuity Act.
To sum up, I will say, if ESI is applicable, then it applies from the beginning of the employment and not after completion of 3 years.
From India, Kolhapur
241The Schools, Colleges, Universities and other Educational Institutes though are "Establishments", are being exempt from the state law relating to shops and establishments. However, in the state of Tamil Nadu, by notification dated January 02, 2013, the state government has extended the provisions of ESI Act to Shops, Hotels,Restaurants, Road Motor Transport Establishments, Cinemas, Newspaper Establishments, Educational Establishments and Medical Institutions including hospitals, nursing homes, diagnostic centers, pathological labs, wherein 10 or more persons are employed. Therefore, in the State of TN, the ESI act is now applicable to every such establishment employing 10 or more persons and located in the implemented part of TN State.
There is no such a notification for the State of Maharashtra, at least I have no come across to that.
Many companies are running schools and hospitals as a charity and for the benefit of the employees and society. The employment in such schools and hospitals, if shown as a part and parcel of the manufacturing activity, then mostly ESI gets applicable to schools and hospitals. If it is applicable, then it is to be applicable right from the entry in the employment. Another point will be whether a teacher can be considered as an employee under ES Act. As a matter of fact, teachers are not workman under ID Act, but are covered under Gratuity Act.
To sum up, I will say, if ESI is applicable, then it applies from the beginning of the employment and not after completion of 3 years.
From India, Kolhapur
Sir(s),
Employees' State Insurance Act, 1948 does not make any distinction between regular/casual /temporary employees. All employees are coverable provided other conditions are satisfied viz. within wage ceiling and moreover whether employed in unit covered under said Act etc.
In order to examine the entitlement of medical facilities in ESI institutions, it is important to ascertain from appropriate Branch Office / Regional Office of ESIC whether the provisions of ESI Act have been extended to educational institutions by the State Govt. under section 1(5) of said Act or not. In case, the provisions of said Act have not been extended by the State Govt.then there is no question of coverage of such schools in ESI Act and no scope for getting medical facilities from any ESI medical institutions.
With regards;
Harsh Kumar Mehta
From India, Noida
Employees' State Insurance Act, 1948 does not make any distinction between regular/casual /temporary employees. All employees are coverable provided other conditions are satisfied viz. within wage ceiling and moreover whether employed in unit covered under said Act etc.
In order to examine the entitlement of medical facilities in ESI institutions, it is important to ascertain from appropriate Branch Office / Regional Office of ESIC whether the provisions of ESI Act have been extended to educational institutions by the State Govt. under section 1(5) of said Act or not. In case, the provisions of said Act have not been extended by the State Govt.then there is no question of coverage of such schools in ESI Act and no scope for getting medical facilities from any ESI medical institutions.
With regards;
Harsh Kumar Mehta
From India, Noida
Sir(s),
As Mr. Kulkarni, Advocate has indicated in his remarks above, probably ESI Act has not so far been extended to private educational institutions in Maharashtra. Hence, your requirement of calling information through RTI will not be of any help.
As suggested by me in previous comments please confirm the position of coverage of educational institutions in Maharashtra where your sister is working. You can confirm by visiting/contacting appropriate Branch office or Regional Office of ESIC.
With regards;
Harsh Kumar Mehta
From India, Noida
As Mr. Kulkarni, Advocate has indicated in his remarks above, probably ESI Act has not so far been extended to private educational institutions in Maharashtra. Hence, your requirement of calling information through RTI will not be of any help.
As suggested by me in previous comments please confirm the position of coverage of educational institutions in Maharashtra where your sister is working. You can confirm by visiting/contacting appropriate Branch office or Regional Office of ESIC.
With regards;
Harsh Kumar Mehta
From India, Noida
Dear SIR / Madam,
1.Definitely you can file an RTI application with the ESIC Maharashtra.To find out the name of the CPIO etc, pl.refer their website.Pl.ascertain from them whether the ESI Act has been implemented to private educational institutions in Maharashtra.If so whether the particular school is covered or not.
2. As rightly pointed out by our fellow members all employees-temporary or casual or trainee -are coverable under the ACT.
3.There is no waiting period or infancy period under the esi act for any institution or individual employee once they qualify for coverage.
Thanks & Regards,
S,SANKARALINGAM
RETD.SR.DY.DIRECTOR,ESIC
ADVOCATE & LABOUR LAW ADVISOR.
MAIL.ID;SRIHARI 1953 @GMAIL.COM.
From India, Chennai
1.Definitely you can file an RTI application with the ESIC Maharashtra.To find out the name of the CPIO etc, pl.refer their website.Pl.ascertain from them whether the ESI Act has been implemented to private educational institutions in Maharashtra.If so whether the particular school is covered or not.
2. As rightly pointed out by our fellow members all employees-temporary or casual or trainee -are coverable under the ACT.
3.There is no waiting period or infancy period under the esi act for any institution or individual employee once they qualify for coverage.
Thanks & Regards,
S,SANKARALINGAM
RETD.SR.DY.DIRECTOR,ESIC
ADVOCATE & LABOUR LAW ADVISOR.
MAIL.ID;SRIHARI 1953 @GMAIL.COM.
From India, Chennai
Hi Vpj,
Please reply to the following questions:-
1) Is any amount deducted from your sister's monthly salary/wage/pay towards ESIC employee contribution?
2) If yes, does she have ESIC pehchan card/temporary card?
Your issue/problem can be finalized after getting reply for aforesaid questions only.
Regards,
Binu V.R
From India, Delhi
Please reply to the following questions:-
1) Is any amount deducted from your sister's monthly salary/wage/pay towards ESIC employee contribution?
2) If yes, does she have ESIC pehchan card/temporary card?
Your issue/problem can be finalized after getting reply for aforesaid questions only.
Regards,
Binu V.R
From India, Delhi
Please go ahead and file a suit against them along with informing the ESI authorities in writtten. Don\'t forget to take acknowledgment from all.
The ESI act is applicable to whole india. it is not related to any specific state. All the place wherein there are more than 10 people are working is mandatory required to be covered under ESI. There are some institution who are avoiding to implement this and giving excuses such as temp or casual employee. This excuse is for them who are not aware of their right. No need to file any RIT. Just go ahead and log the case in ESI and the court. If you would require then please send me your requirement of any judgement in this case to my email id harpreet.walia@live.com.
thanks
harpreet walia
From India, New Delhi
The ESI act is applicable to whole india. it is not related to any specific state. All the place wherein there are more than 10 people are working is mandatory required to be covered under ESI. There are some institution who are avoiding to implement this and giving excuses such as temp or casual employee. This excuse is for them who are not aware of their right. No need to file any RIT. Just go ahead and log the case in ESI and the court. If you would require then please send me your requirement of any judgement in this case to my email id harpreet.walia@live.com.
thanks
harpreet walia
From India, New Delhi
Dear Mr. Harpreet Walia,
There is a whisper in your post that the ESI scheme is applicable through out the Country and States. Factually this is not a case. ESI Scheme is not implemented in many of districts of Maharashtra in whole and in many tahasils of many districts. I am certain this is the position in many other states also. But, point is not that. The original post is from Mumbai and Mumbai is certainly a covered under ESI Scheme. Question is whether a school where the lady is in employment, is covered under ESI Act. As far my information goes, schools are not so far covered under ESI. However, I certainly suggest what Mr. S, SANKARALINGAM has suggested in his post.
Unless you are sure of coverage and other related facts, blind litigation never helps.
From India, Kolhapur
There is a whisper in your post that the ESI scheme is applicable through out the Country and States. Factually this is not a case. ESI Scheme is not implemented in many of districts of Maharashtra in whole and in many tahasils of many districts. I am certain this is the position in many other states also. But, point is not that. The original post is from Mumbai and Mumbai is certainly a covered under ESI Scheme. Question is whether a school where the lady is in employment, is covered under ESI Act. As far my information goes, schools are not so far covered under ESI. However, I certainly suggest what Mr. S, SANKARALINGAM has suggested in his post.
Unless you are sure of coverage and other related facts, blind litigation never helps.
From India, Kolhapur
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