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Exemption in ESIC contribution for spouse working in same or other organisation? - CiteHR

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ajju@dit
I want a clarification that if a person who is employed and contributing ESIC as per norms, his spouse is also employed either is the same organisation or in a different organisation can his spouse be exempted from contribution of ESIC
From India, Delhi
manojkamble
377

Hi,
As per rules it is not possible to stop or avoid contribution to ESIC even wife is working in the same or other organisation. As per ESIC you can enroll only those who are dependent on you under your name. As she is independently working she can not be covered under the name of husband and needs to be covered separately.


ajju@dit
Dear Manoj
Could you please quote me the clause, she could be depended on her husband's salary but vis-a-vis she is employed to add extra income to her family. how could this be read under the Act/clause ambit of ESIC
Thanks

From India, Delhi
manojkamble
377

Dear Ajit,
You may have an option to ask employee to visit ESIC office and take it in writing from ESIC officer for non deduction of ESIC contribution. As this is the basic rule of ESIC as to include only dependents who are dependents on you. Where as it is also compulsory to deduct contribution amount if salary is below the limit. For reference you can see the ESIC act and gazette copy for ceiling limit.


Venkata Vamsi Krishna Patnaik
199

Dear Ajju@dit,
You are admitting that for adding the income source she is employed, so she has to be covered as per the ESIC Act.
Any employee coming within the ambit of workmen and is below the ceiling mentioned in the ESIC has to be covered with contribution.
There is no respite for this.

From India, Hyderabad
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