Ensuring a timely & accurate filing of ESI will help you avoid penalties and stay legally compliant.
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ESI Registration - An Overview
ESI Registration is a mandatory requirement for businesses under the Employees' State Insurance (ESI) scheme, governed by the ESIC Act. The scheme offers crucial medical benefits and financial protection to employees, ensuring their well-being in case of sickness, injury, or maternity. Managed by the Employees State Insurance Corporation (ESIC), the scheme applies to all establishments with more than 10 employees, including those covered under the Establishment Act and other businesses like Newspaper establishments.
The ESIC registration process can be completed through online registration on the ESIC website or the Shram Suvidha Portal. Employers must submit following documents, including the company's PAN Card, Registration Certificate, Certificate of Incorporation, and Address proof of the establishment such as utility bills. Additionally, a cancelled cheque and Partnership deed (if applicable) are also required. The number of employees and their details, like Mobile Number and email ID, must be provided during the process.
After successful ESI Registration, a unique 17-digit code number is issued. This code is essential for future compliance with the scheme, such as making monthly payments and tracking contributions.
Employers are required to pay ESI contributions based on the employee's monthly wages, with rates set by the ESI Corporation. Contributions must be deposited into a designated bank account within a specific time limit, ensuring that all eligible employees, referred to as Insured Persons, can access the benefits under the scheme. Employers must also maintain proper records of the employees, such as the attendance register, and ensure they file the ESI return within the due dates.
Failure to comply with these regulations can result in penalties under the Factories Act and rules established by the Central Government.
For employees, the ESI scheme offers comprehensive medical benefits at ESIC hospitals and approved medical institutions. The scheme also provides health insurance for employees and their families, covering areas like Occupational Health, maternity leave, and employment injury compensation. Additionally, employees can avail cash benefits during periods of illness or disability.
For businesses, completing ESI Registration is essential to ensure legal compliance, avoid fines, and promote a healthier, more secure workforce. This social security scheme strengthens workplace safety, aligns with regulations from the Government of India, and fosters a positive work environment.
ESI Registration is crucial for every qualifying business establishment in India, ensuring both employers and employees benefit from the comprehensive protection offered under the ESI scheme.
Who Needs ESI Registration?
Under the ESI Act 1948, ESI Registration is mandatory for all factories and establishments, including private educational institutions, with more than 10 employees (or 20 in some states). This rule applies to all businesses registered under the Employee State Insurance Corporation (ESIC). Employees earning up to ₹21,000 per month (or ₹25,000 in the case of disabilities) are eligible for the scheme.
Employers, as part of Step 1 in the registration process, must contribute a percentage of the employee’s monthly wages to the ESI scheme. These Contribution Rates are set by the Ministry of Labour and provide benefits like healthcare and disability coverage. Both employers and employees contribute, though the employer's share is larger.
To complete ESI Registration, employers must submit required documents like the PAN Card of the business, list of employees, and Articles of Association during Company Registration. The process can be done online through the ESIC portal, where a unique 17-digit digit Registration Number is issued. For those already registered, the Employer Login on the portal is used to manage contributions and compliance.
For proper registration, businesses must provide additional information, such as the establishment’s health insurance scheme, and comply with guidelines from State Governments and the Indian government. This includes those covered under factory/establishment laws or businesses like private educational institutions.
Employers can also track registration status using the Common Registration Link or through the IP Portal. Proper compliance ensures that Indian workers are protected by भारत सरकार's social security laws.
Benefits of ESI Registration
The registration also ensures compliance with legal requirements, preventing penalties while promoting employee welfare. With both health and financial safeguards, ESI offers a significant advantage for employees in times of need.
Medical Benefits for Employees
The ESI scheme provides full medical care to employees and their family members from the day they are registered. It covers various medical treatments, including hospitalization, outpatient care, specialist consultations, and preventive services. This comprehensive health coverage ensures that workers and their dependents have access to quality healthcare without financial strain.
Maternity Benefits
Under the ESI scheme, women are entitled to maternity benefits. This includes paid leave during pregnancy, confinement, and postnatal care, ensuring financial support during this critical time. Maternity benefits include cash allowances and medical care, allowing employees to focus on their health and recovery.
Disability and Dependent Benefits
In case of disability due to workplace injuries or illness, the ESI scheme offers disablement benefits. These can be either temporary or permanent, depending on the severity of the condition. Additionally, in the unfortunate event of an employee's death, dependant benefits are provided to the family members, ensuring financial support for the dependents left behind.
Funeral Expenses Coverage
The ESI scheme also covers funeral expenses, providing a lump sum payment to the family in the event of an employee’s death. This ensures that the family has financial support to cover the immediate costs of a funeral and related expenses.
Financial Security for Employees
Overall, the ESI scheme acts as a financial safety net for employees. With contributions from both employers and employees, the scheme offers protection against the financial impact of illness, injury, and death. It ensures that workers and their families are supported in times of need, giving them long-term financial security.
Eligibility for ESI Registration
By adhering to these eligibility criteria, both employers and employees can benefit from the ESI scheme’s wide range of protections.
Industry-Specific Applicability
The Employees' State Insurance (ESI) Act applies to non-seasonal factories and establishments that employ more than 10 employees (or 20 employees in some states). These businesses must register for ESI if their workers earn up to ₹ 21,000 per month (or ₹25,000 for employees with disabilities). The Act covers industries such as factories, shops, cinemas, hotels, and more.
Minimum Requirements for Obtaining an ESI Card
To obtain an ESI card, employees must be part of an eligible establishment and earn below ₹21,000 per month. Both employers and employees contribute a percentage of the employee's wages to the scheme, ensuring access to medical care, maternity benefits, and other social security protections. Once registered, employees receive an ESI card for availing benefits.
Criteria for Employers
Employers in eligible industries must register under the ESI scheme if they have more than 10 employees (or 20 in some states). They are obligated to contribute 3.25% of their employees' wages towards the scheme, while employees contribute 0.75%. This ensures that workers are covered for medical, sickness, and disability benefits. Employers must also ensure timely payment of contributions to avoid penalties for non-compliance.
Criteria for Employees
Employees earning up to ₹21,000 per month are eligible for ESI benefits. Workers must contribute a portion of their wages to the scheme, which provides coverage for medical treatment, maternity leave, disability support, and more. If an employee has a disability, the income threshold is raised to ₹ 25,000 per month.
ESI Act
The Act also encourages measures to improve the health and welfare of insured employees beyond the basic benefits.
Employee State Insurance Act 1948
The Employees' State Insurance (ESI) Act of 1948 was a landmark law passed by भारत सरकार to provide social security for workers in India. The Act ensures financial assistance to employees during sickness, maternity, disability, or work-related injuries. Managed by the Employee State Insurance Corporation (ESIC), it guarantees medical care and financial support for both employees and their families.
For businesses, ESI Registration is a mandatory process, ensuring compliance with the provisions of the Act. Employers, including shareholders of a company, must register their employees under this scheme. This can be done alongside other legal requirements like Trademark Registration.
Employers must use both digital platforms like Social Media and formal channels to stay updated on legal changes and maintain compliance with the ESI Act. The law plays a crucial role in protecting the workforce and establishing India’s social security framework.
Key Provisions of the ESI Act
The ESI Act provides:
- Sickness Benefits: Financial support when employees are unable to work due to illness.
- Maternity Benefits: Financial aid for women during pregnancy and childbirth.
- Disability Benefits: Compensation for workplace-related injuries, either temporary or permanent.
- Dependent Benefits: Financial support for dependents if an employee dies due to a work injury.
- Occupational Disease Coverage: Protection for employees who suffer from job-related diseases.
ESI Registration Fees
Fee Structure for ESI Registration
The cost for ESI Registration depends on various factors, including the size of the business and services opted for. Typically, the professional fee is around INR 1,950, with an additional cost for obtaining a Digital Signature Certificate (DSC), which is approximately INR 2,400. Complete registration packages may start from INR 5,999 based on the scale of your business establishment.
For businesses with 101 to 300 employees, the registration fee is about INR 750, and for 301 to 500 employees, it’s around INR 1,000. Certain categories, such as SC/ST/PWD/Ex-Servicemen, may benefit from reduced fees of INR 250, while others may need to pay INR 500.
To complete ESI Registration, employers must submit required documents like the PAN Card of the business, Registration Certificate, and the list of employees through the ESIC portal. The registration process ensures that employees receive medical benefits, cash benefits, and other protections under the ESI scheme.
Additionally, maintaining compliance with भारत सरकार's State Insurance Act ensures that businesses avoid penalties and safeguard their workers with access to ESIC Hospitals and approved medical institutions.
Penalties for Late Payment or Non-Compliance
If you miss the ESI payments or registration deadlines, penalties apply:
- Less than 2 months late: Penalty of 5% per year.
- Between 2 to 4 months late: Penalty of 10% per year.
- Between 4 to 6 months late: Penalty of 15% per year.
- More than 6 months late: Penalty of 25% per year.
Paying on time helps you avoid these extra costs.
Documents Required For ESI Registration
To complete your ESI (Employee State Insurance) registration, you must gather the following documents:
- Registration Certificate of your business (under Companies Act or Shops and Establishment Act).
- Employee Details: Names, contact information, and Aadhaar cards of all employees.
- PAN card of the Business: As issued by the Income Tax Department.
- Address Proof: Lease agreement or any other valid proof of the business premises.
- Bank Account Information: Bank statements or a canceled cheque.
- List of Employees: Details of all employees working in the organization.
- Salary Details: Monthly compensation details of employees.
- Nomination Form: A form for employee nominations under the ESI scheme.
Step-by-Step Procedure for ESI Registration
Follow these steps to register for ESI:
- Visit the ESIC Portal: Go to the official website of the Employees' State Insurance Corporation (ESIC) and create an account.
- Fill Out Employer Registration Form: Enter the business details such as name, address, and type of organization.
- Upload Documents: Submit the required documents as part of the registration process.
- Review Information: Double-check all the details entered to ensure accuracy.
- Submit Form: After verifying the details, submit the form for processing.
- Receive Registration Number: Once the application is approved, you'll receive a 17-digit unique ESI registration number.
- Distribute ESI Numbers to Employees: Each employee will be issued an ESI card, which can be used to access ESI benefits.
Compliances After ESI Registration
Post-Registration Compliances
After registering under the ESI Act, there are rules you must follow to stay compliant.
- Keep an attendance register for all employees.
- Maintain a wage register that records salary details.
- Have an inspection book ready for any checks by authorities.
- Submit monthly returns and challans by the 15th of each month for the previous month’s contributions.
- Maintain an accident register to record any work-related accidents.
Staying compliant avoids penalties and inspections.
Regulatory Filing Requirements
Employers need to file their employees’ contributions through the ESIC portal every month. These payments must be made within 15 days of the end of each month. Keeping accurate records, like salary details and contribution proofs, is important to meet ESIC regulations.
Contribution Periods and Deadline
The Employees' State Insurance (ESI) scheme follows a structured timeline for contributions and benefit periods. There are two main contribution periods:
- Cash Benefit Period: 1st January to 30th June of the following year.
- Cash Benefit Period: 1st July to 31st December of the same year.
Employers must ensure that employee contributions are filed within these periods. The deadlines for submitting contributions are:
- For the period 1st April to 30th September: Filing must be completed by 12th November.
- For the period 1st October to 31st March: Filing must be completed by 12th May.
Employees must contribute for at least 70 days within the contribution period to qualify for the benefits in the corresponding cash benefit period. Timely filing is crucial to avoid penalties and ensure that employees can access their benefits when needed.
ESI Registration FAQs
When is ESI Registration Mandatory?
ESI registration is mandatory for businesses with 10 or more employees earning a monthly wage of ₹21,000 or less.
What are the disadvantages of Employee State Insurance?
Limited coverage for high-earning employees, delays in claim processing, and a lack of advanced medical facilities in some areas.
What is the limitation of the ESI Act?
The ESI Act primarily covers only certain categories of employees, leaving out higher-paid workers and limiting benefits to those within a specific wage bracket.
Who administers the ESI scheme?
The Employees' State Insurance Corporation (ESIC), an autonomous body under the Ministry of Labour and Employment, administers the ESI scheme.
How does the ESI scheme apply to temporary or contract employees?
Temporary and contract employees are eligible for ESI benefits if their employer is registered under the scheme and they meet the wage criteria.
What are the minimum requirements for getting an ESI card?
Employees must be registered under the ESI scheme by their employer, have an insurance number, and submit required documents like a photograph and proof of identity.
How long does it take to activate ESI?
ESI registration typically takes 7 to 14 days after the submission of all required documents.
What role does the ESI Corporation play in employee welfare?
The ESI Corporation provides medical benefits, cash benefits during sickness, maternity, and disability, and ensures overall social security for employees.
How does ESI Registration impact the financial liability of employers?
Employers must contribute 3.25% of an employee's wages towards ESI, adding to their financial liability but also ensuring social security for their workforce.
What is the ESI percentage in CTC?
The Employee State Insurance (ESI) contribution in the CTC (Cost to Company) is typically 4% of the employee's gross salary. This includes 3.25% contributed by the employer and 0.75% contributed by the employee.