Employees Entitled

Every employee (including casual and temporary employees), whether employed directly or through a contractor, who is in receipt of wages upto Rs. 6,500 p.m. is entitled to be insured under the E.S.I. Act. However, apprentices engaged under the Apprentices Act are not entitled to the E.S.I. benefits. Coverage of part time employees under the ESI Act will depend on whether they have contract of service or contract for service with the employer. The former is covered whereas the latter are not covered under the E.S.I Act.

Besides, in the following cases, the employees have been held to be covered under the Act: persons employed in a canteen of a club,

1. drivers employed by the Transport organisation.
2. persons engaged in distribution and sale of products.
3. persons carrying administrative work of processing the orders and executing sales.
4. hawkers employed for sale of products.
5. employees of cycle stand and canteen run in cinema theatres by contractors.
6. members of editorial and administrative staff of a printing press publishing newspaper.
7. a home worker rolling beedies at home.
8. medical representative.
9. persons employed in a hospital attached to and maintained by factory.
10. part-time doctor employed for ambulance room.
11. book binders engaged by a contractor.
12. sales clerk working in a factory.

Exemption From Maternity Benefit ACT, 1961 And Workmen's Compensation ACT, 1923.

An employer/establishments covered under the E.S.I. Act is exempt from the provisions of Maternity Benefit Act and Workmen’s Compensation Act. It is specifically provided that when a person is entitled to any of the benefits provided by the Act, then he shall not be entitled to recover any similar benefits admissible under the provisions of any other enactment