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ESI Registration in India

Employee's State Insurance (ESI) Registration is a social security scheme designed to provide financial protection to employees in case of sickness, maternity, disability, or death due to employment injury, resulting in loss of wages. This scheme is governed by the Employee's State Insurance Act, of 1948.

Key Features of ESI Registration:

  • Medical Benefits: Full medical care for employees and their dependents from the day they enter insurable employment.
  • Sickness Benefits: Financial assistance during periods of certified sickness.
  • Maternity Benefits: Maternity leave and benefits for female employees.
  • Disability Benefits: Monthly payments in case of permanent disability.
  • Dependents' Benefits: Monthly payments to dependents of a deceased employee.
  • Unemployment Allowance: Financial assistance in case of involuntary loss of employment.

Eligibility for ESI Registration

Applicability:
  • ESI applies to all factories and other establishments employing at least 10 workers.
  • The threshold for coverage of establishments is 20 employees in some states
  • Employees earning a salary of up to ₹21,000 per month (₹25,000 for employees with disabilities) are eligible for ESI.
Contributions:
  • Employee Contribution: 0.75% of wages.
  • Employer Contribution: 3.25% of wages.

Registration Process:

Obtain Required Documents:
  • Registration certificate or license issued under the Shops and Establishment Act or Factories Act.
  • Memorandum and Articles of Association or partnership deed or trust deed, as applicable.
  • List of employees with their details.
  • PAN card of the business and employees.
  • Bank account details of the company.
Register Online:
  • Visit the ESI portal
  • Create an account and log in
  • Fill out the employer registration form (Form 1).
  • Attach the required documents.
  • Submit the form.
Receive Registration:
  • Once the application is processed, the employer will receive a 17-digit registration number.
  • Employees will be allotted an individual insurance number after submitting Form 1.

Benefits of ESI Registration

Benefits for Employees:
  • Medical Benefits:

    Full medical care for the insured person and their family members from the first day of employment.

    Access to outpatient treatment, hospitalization, specialist services, and necessary drugs and dressings.

  • Sickness Benefits:

    Financial assistance at the rate of 70% of wages during certified sickness for a maximum of 91 days in a year.

    Extended Sickness Benefit (ESB) for insured persons suffering from long-term diseases.

  • Maternity Benefits:

    Maternity leave with full salary for 26 weeks for confinement, 6 weeks for miscarriage, and 12 weeks for adoption.

  • Disability Benefits:

    Temporary Disability Benefit (TDB) at the rate of 90% of wages during the period of temporary disability.

    Permanent Disability Benefit (PDB) is based on the loss of earning capacity as certified by a Medical Board.

  • Dependents' Benefits:

    Monthly payments to dependents of a deceased insured person due to employment injury or occupational hazard.

  • Funeral Expenses:

    An amount of up to ₹15,000 to meet funeral expenses.

  • Unemployment Allowance:

    Rajiv Gandhi Shramik Kalyan Yojana provides unemployment allowance to insured persons who lose their jobs involuntarily due to the closure of the factory/establishment, retrenchment, or permanent invalidity.

  • Rehabilitation Allowance:

    Vocational rehabilitation for insured persons who suffer from physical disablement due to employment injury.

Benefits for Employers:
  • Legal Compliance: Adherence to statutory requirements under the ESI Act, avoiding legal penalties and sanctions.
  • Employee Welfare:Enhanced welfare benefits for employees, leading to higher job satisfaction and lower attrition rates.
  • Productivity and Morale: Improved employee productivity and morale as employees feel secure and supported in case of health issues or accidents.
  • Reputation: Positive impact on the company’s reputation as a responsible employer caring for its employees’ welfare.
  • Risk Management:Reduction in the financial burden on the company in case of workplace injuries or health-related issues, as the ESI scheme provides coverage.
  • Employee Retention: Better employee retention rates due to the provision of comprehensive health and social security benefits.

Strategic Implementation of ESI Registration:

Integrating ESI with Overall HR Strategy:
  • Alignment with HR Policies: Ensure that ESI benefits are integrated into the company's overall HR policies and employee handbook. This helps in creating a comprehensive welfare system for employees.
  • Onboarding Process: Incorporate ESI registration and information dissemination as part of the new employee onboarding process. This ensures that new hires are immediately aware of their benefits.
Leveraging Technology
  • HR Management Systems (HRMS): Utilize HRMS to automate ESI-related processes, such as contribution calculations, documentation, and claim submissions. This reduces manual errors and increases efficiency.
  • Employee Self-Service Portals: Implement self-service portals where employees can check their ESI contributions, benefits, and claim status. This empowers employees and reduces administrative workload.
Regular Monitoring and Review:
  • Compliance Audits: Conduct regular audits to ensure that all ESI-related activities are compliant with statutory requirements. This can prevent potential legal issues and penalties.
  • Performance Metrics: Track performance metrics related to ESI, such as claim processing time, employee satisfaction with benefits, and overall cost savings. Use this data to make informed decisions and improvements.
Communication and Transparency:
  • Regular Updates: Keep employees informed about any changes or updates in the ESI scheme. Regular communication helps in maintaining transparency and trust.
  • Open Channels for Queries: Establish open channels for employees to raise queries or concerns about their ESI benefits. This can be done through HR helpdesks, online forums, or dedicated support teams.

Proprietorship vs Limited Liability Partnership (LLP) vs Company

Features Proprietorship Partnership LLP Company
Definition A sole proprietorship is an unregistered business entity managed by a single individual. A legal contract between multiple parties to jointly manage and run a business operation. A business type that combines aspects of a partnership and the limited liability of a corporation. A registered business where owners and shareholders have limited liability.
Ownership
  • Single individual
  • Min 2 Partners
  • Max 50 Partners
  • Designated Partners: Min 2(No upper limit)
  • Min: 1 shareholder (for a private company), 7 shareholders (for a public company)
  • Max: 200 shareholders (for a private company), no upper limit (for a public company)

For One Person Company
  • Minimum: 1 individual
  • Maximum: 1 individual
Registration Time 7-10 working days
Promoter Liability Unlimited Liability Limited Liability
Documentation
  • Partnership Deed
  • PAN card of the partnership firm
  • LLP Agreement
  • Incorporation Certificate
  • PAN card of the LLP
  • MOA
  • AOA
  • Certificate of incorporation
  • PAN card of the company
Governance No specific governing law Governed by the terms outlined in the partnership deed Governed by the LLP agreement Governed by a formal structure including a Board of Directors
Transferability Business cannot be transferred Ownership transfer requires the consent of all partners as outlined in the partnership deed. Transferable Easily Transferable for public companies. In private companies, there might be some restrictions.
Compliance Requirements
  • Income tax filing if the turnover exceeds Rs. 2.5 lakhs.
  • Must file ITR 5
  • Must file ITR 5
  • File Form 11
  • Form 8
  • MCA filing
  • Auditor's appointment
  • File ITR 6

ESI FAQ's

What is ESI registration?

ESI registration refers to the process of enrolling an establishment and its employees under the Employee's State Insurance (ESI) scheme, which provides social security and health insurance benefits to workers.

Who is eligible for ESI?

The ESI scheme applies to establishments employing 10 or more persons (20 in some states). Employees earning a monthly salary of up to ₹21,000 (₹25,000 for persons with disability) are eligible for ESI benefits.

Why is ESI registration important?

ESI registration is important as it ensures employees receive financial protection in cases of sickness, maternity, disability, or death due to employment injury, leading to better employee welfare and compliance with legal requirements.

How do I register for ESI?

The ESI registration process involves:
  • Collecting required documents (e.g., registration certificate, employee details, PAN card)
  • Visiting the ESI portal and creating an account.
  • Fill out the employer registration form (Form 1) and submit it with the necessary documents.
  • Receiving the 17-digit registration number upon successful processing.

What documents are required for ESI registration?

Required documents include
  • Registration certificate under the Shops and Establishment Act or Factories Act
  • Memorandum and Articles of Association/Partnership Deed/Trust Deed
  • List of employees with details
  • PAN card of the business and employees
  • Bank account details of the company

How long does it take to get ESI registration?

The ESI registration process typically takes 15-20 working days, provided all documents and information are accurate and complete.

What are the contribution rates for ESI?

The contribution rates are:
  • Employee Contribution: 0.75% of wages
  • Employer Contribution: 3.25% of wages

What benefits do employees get under ESI?

Employees receive various benefits including:
  • Full medical care for themselves and their families
  • Sickness benefits at 70% of wages for up to 91 days in a year
  • Maternity benefits for female employees
  • Disability benefits (temporary and permanent)
  • Dependents' benefits in case of the employee's death
  • Funeral expenses
  • Unemployment allowance

Can employees check their ESI contributions and benefits?

Yes, employees can check their ESI contributions, benefits, and claim status through the ESI self-service portal available on the ESI website.

How do employees claim ESI benefits?

Employees can claim ESI benefits by submitting the required forms and documents to their respective ESI dispensary or hospital. For specific benefits like sickness, maternity, and disability, there are dedicated forms and procedures outlined by the ESIC.

What should be done in case of a rejected claim?

In case of a rejected claim, the employee should check for any incomplete or incorrect documentation. They can rectify the errors and resubmit the claim. For further assistance, employees can contact their HR department or the ESI helpline.

How can employers ensure the smooth processing of ESI claims?

Employers can ensure smooth processing of ESI claims by:
  • Providing accurate and timely information during registration
  • Assisting employees with the documentation process
  • Maintaining regular communication with the ESI office
  • Conducting training sessions for employees on how to file claims

What are the penalties for non-compliance with ESI regulations?

Non-compliance with ESI regulations can result in penalties, including fines and legal action against the establishment. Regular audits and timely contributions are crucial to avoid such penalties.

Can ESI registration be canceled or modified?

ESI registration can be modified to update details like employee count or wage changes. Cancellation of registration is typically not applicable unless the establishment ceases operations. For modifications or cancellations, employers should contact the local ESIC office.

How does ESI benefit employers?

ESI benefits employers by ensuring legal compliance, enhancing employee welfare, improving productivity and morale, building a positive reputation, managing risks effectively, and aiding in employee retention.

Who can I contact for help with ESI registration and compliance?

For assistance with ESI registration and compliance, you can contact professional services like FilingLounge, which offers expert guidance and support for managing all aspects of ESI.

Where can I find more information about ESI?

More information about ESI can be found on the official ESI website or by consulting with professional services like FilingLounge.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.

MCA Compliance

Each registered entity is required to meet its compliance duties at the close of each financial year. This generally includes auditing financial statements, filing income tax returns, and submitting annual forms to the Ministry of Corporate Affairs (MCA).

Compliance For Form Due date Penalty
Commencement of Business Intimation to Registrar for Commencement of Business Within 180 days from incorporation INR 50,000 on company and INR 1,000 per day on directors for each day of default
Annual KYC of Directors DIR 3 E-KYC 30th September of every year INR 5,000 for late filing
Appointment of Auditor Form ADT 1 Within 15 days of the AGM INR 300 per day (max INR 12,000)
Financial Statements Form AOC 4 Within 30 days from the AGM INR 100 per day of default
Annual Return Form MGT 7 Within 60 days from the AGM INR 100 per day of default

All Limited Liability Partnerships (LLP) in India must file annual returns with the Ministry of Corporate Affairs (MCA). FilingLounge provides affordable services to help you keep your LLP compliant.

LLP Compliance Form Due date Penalty
Annual KYC of Directors DIR 3 KYC 30th September of every year INR 5,000 for late filing
Annual Return Form 11 May 30th every year INR 100 per day of default
Statements of Accounts and Solvency Form 8 30th October every year INR 100 per day of default (minimum penalty INR 10,000)

In addition to the filings listed above, there may be other compliance requirements relevant to LLPs. To ensure all compliance needs of your LLP are met, please seek assistance from a Filinglounge Advisor.

Entity Compliance Form Due date
Private Limited Company Annual Return MGT-7 Within 60 days from the conclusion of the AGM
Financial Statements AOC-4 Within 30 days from the conclusion of the AGM
DIR-3 KYC DIR-3 KYC 30th September every year
Return of Deposits DPT-3 30th June every year
Appointment of Auditor ADT-1 Within 15 days from the conclusion of the AGM
Income Tax Return (Non-audit case) ITR-6 31st July every year
Income Tax Return (Audit case) ITR-6 30th September every year
Annual GST Return GSTR-9 31st December of the subsequent financial year
MSME Form Form 1 (MCA) half-yearly return by 31st October (April to September), & 30th April for the period October to March every year
Limited Liability Partnership Income Tax Return (Non-audit case) ITR 5 31st July every year
Income Tax Return (Audit case) ITR 5 30th September every year
Annual Return Form 11 30th May every year
Financial Statements Form-8 30th October every year

Note : There might be extra filings needed depending on your business type and activities. Talk to a FilingLounge advisor to get the right guidance for your company's compliance.