Details Required for ESIC Return Filing
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Details of new employee joined during the month (be provided within 10 days of date of joining)
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Salary slip of all eligible employees for the month along with attendance details
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Details of employees left organisation during the month along with date of exit
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Declaration from employees regarding no change in basic details
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Details of any accidents on the premises
Additional points to be noted for ESIC Return Filing
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Payment of Employer share along with employee share is to be made on or before 15th of subsequent month.
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The responsibility of deduction and payment lies with the employer.
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Delay in filing and payment will lead to damages and penalties.
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Interest liability @ 12% per annum in case of arrears of taxes
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Damages under Reg. 31C ;
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Delay up to 2 Months : 5%
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Delay 2 – 4 Months : 10%
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Delay 4 – 6 Months : 15%
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Delay above 6 Months : 25%
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FAQ on ESIC Return Filing
Q. What are the returns/ reports to be submitted by the employer ?
In addition to monthly returns the employer has to submit following records :
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Accident Report : Notice of Accident to the concerned Branch office in Form -12 should be submitted on-line within 24 hours.
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Abstention verification Report : It is required to be submitted to the Branch office as and when it is sought by the Branch Manager in respect of any IP.
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Records including attendance, wages and books of accounts etc. in respect of principal employer and records of immediate employer as required by the Labour Laws.
Q. What are consequences of non / late payment of employees’ contribution ?
Any sum deducted by the Principal employer from wages under the ESI Act shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted as per Section 40 (4) of the ESI Act,1948. Non-payment or delayed payment of the Employee’s contribution deducted from the wages of the employee amounts to ‘ Breach of trust’ and is punishable under IPC 406, 409 and also an offence u/s 85 of ESI Act.
Q. Do we need to file “NIL” return if does not have any employee ?
Yes, it should be filed within normal due dates as applicable to other returns.
