Implications & Strike

In any Industrial undertaking co-activity of work and capital is very basic for its prosperity, in spite of the fact that they have interests in opposition to one another. They have various procedures and weapons to ventilate their complaints and protect their inclinations. These law based weapons frequently utilized by them are strikes and lock-outs. Similarly as strike is a weapon accessible to representatives for upholding their Industrial requests, a lock-out is a weapon accessible to the business to convince by a coercive procedure to see his perspective and to acknowledge his requests. In the battle among capital and work, as the weapon of strike is accessible to work and is frequently utilized by it, so is the weapon of lock-out accessible to the business and can be utilized by him.

Strike is one of the most established and the best weapons of work in its battle with capital for making sure about monetary equity. The essential quality of a strike lies in the works benefit to stop work and therefore brings a constrained correction of states of employment[5]. It owes its source to early English words Striken to go. In like manner speech it implies hit, intrigue, happen to, to stop take a shot at an exchange contest. The last significance is discernible to 1768. Later on it changed to strike of work. The composite thought of stopping work or withdrawal of work as a coercive demonstration could be accumulated in the utilization of word as an action word just as descriptive word. The definition and utilization of the word strike has been experiencing consistent change around the fundamental idea of stoppage of work or putting of work by representatives in their financial battle with capital[6].

The term strike has been characterized in a wide assortment of parts of human information, viz. historical background, human science, political economy, law and political science
Strike has been characterized in Section 2 (q) of the Industrial Disputes Act as under—
Strike implies an end of work by an assemblage of people utilized in any industry acting in blend, or a purposeful refusal, or a refusal under a typical comprehension, of any number of people who are or have been so utilized to keep on working or to acknowledge business.

Benefits of ESI Registration

ESI Registration ensures that employees enjoy the following advantages under the Employees’ State

Medical aid

From the very first day of employment, registered ESI members and their families are entitled to enjoy the benefits of complete medical care and insurance.

Maternity aid

Pregnant women are entitled to maternity benefits that are payable upto twenty six weeks. This period can be extended by 30 days on medical advice. To qualify for maternity benefits, employers are required to contribute their wages for 70 days in the preceding two contributions periods.

Disablement benefits

Disabled employees can get 90% of their monthly salaries as disablement benefits.

Sickness benefits

Absence from work during illness can be taken for a maximum of 91 days per year along with 70% of the monthly wages.

Dependent benefits

In the unfortunate event of the demise of an employee during the employment, the dependents of the deceased will receive 90% of his/her monthly salary.

Funeral expenses

The family of the deceased employee is entitled to an additional amount of Rs.10,000 towards funeral expenses.

Confinement expenses

In the case of confinement of an insured woman or wife of an employee occurring in a place with no medical facilities under the ESI scheme, confinement expenses can be availed.

In addition, some of the need-based benefits:

Vocational rehabilitation

Permanently physically challenged, insured employees are entitled to undergo vocational rehabilitation training at VRS.

Physical rehabilitation

Available to employees in the case of physical disablement due to an employment injury or occupational hazards.

Old age medical care

An annual payment of Rs.120 ensures medical care benefits for retiring ESI employees or for those who are opting for VRS/ERS. Insured ESI members retiring on account of permanent disabilities are also entitled to the same benefits.

Extended sickness benefits

ESI members suffering from chronic diseases can avail the extended sickness benefit for upto 2 years, provided the sick leave of 91 days are expired. Among other conditions, the criteria for eligibility for this benefit include that the concerned ESI member should have been working for at least 2 years at the onset of the sickness and its subsequent diagnosis.

Enhanced sickness benefit This benefit was introduced in 1976 as a measure to encourage ESI employees to undergo vasectomy or tubectomy for family welfare. Registered ESI members willing to undergo the sterilisation procedures are eligible for enhanced sickness benefit of 100% of their daily average wages. This benefit also allows a recuperating period of 7 days for vasectomy and 14 days for tubectomy from the date of surgery or admission in the hospital. Extension of this benefit can also be availed in case of post-operative complications

Eligibility for ESI Registration in India

The general rule to be eligible for ESI (Employees' State Insurance) registration is to have 10 or more workers. But in some regions, ESI is applicable only if there are more than 20 employees.

Other eligibility criteria that need to be fulfilled are:

  • Any employee whose gross salary is up to Rs. 21,000 per month can avail this with the help of the employer.
  • Establishment Registered with EPFO.
  • The contribution to ESI is 6.5% of the gross salary. It is divided as:
  • 4.75% by the employer, 1.75% by the employee
  • For industrial units, where there are chances of occurrence of injury or health issues at the business premise, all employees with salary less than Rs.21,000 compulsorily need to have ESI.

    Documents required for online ESI Registration

    ESI registration requires the following documents to be submitted by the employer along with the application:

    To register for ESI (Employees' State Insurance) the employer has to submit the following documents along with the application:

  • The registration certificate or license issued by Shops and establishment Acts and Factories Act.
  • Address proof
  • Copy of PAN card
  • Copy of bank statement
  • Photocopy of the last building tax/property tax receipt
  • Memorandum and Articles of Association or Partnership Deed or Trust Deed - dependent on the applying entity
  • Certificate of commencement of production
  • Registration No. of CST/ST/GST
  • For ESI filings, monthly pay sheet is required for computing contribution amount for each employee.

    Due Dates For ESI:

  • Payment: 15th of every month
  • Returns: May 11th and November 11th
  • Due Dates For PF:

  • Payment: 15th of every month
  • Returns: May 25th of every month
  • These were the documents filed by the company. The employee has to submit two copies of the family photo.

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