ESI Compliance

ESI Return
Filing

ESI Return Filing is a mandatory process for employers to submit their contributions to the Employee State Insurance (ESI) Corporation. The filing ensures that both employers and employees are contributing to the ESI fund, which provides social security benefits like medical, maternity, and disability coverage. This section explains the importance of filing ESI returns and the legal obligations under the ESI Act, 1948.

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What is ESI Return Filing?

ESI Return Filing is a mandatory process for employers to submit their contributions to the Employee State Insurance (ESI) Corporation. The filing ensures that both employers and employees are contributing to the ESI fund, which provides social security benefits like medical, maternity, and disability coverage. This section explains the importance of filing ESI returns and the legal obligations under the ESI Act, 1948.

ESI Return Filing Overview

Overview & Importance

ESI (Employee State Insurance) Return Filing is a mandatory process for employers who are registered under the Employee State Insurance Act, 1948. The Act provides social security and health benefits to workers in case of sickness, maternity, and accidents. Filing ESI returns ensures that both the employer and employee contribute their share to the ESI fund, thereby maintaining compliance with the law and protecting employees welfare. It is crucial for businesses to file their ESI returns accurately and on time to avoid penalties and ensure that employees receive their rightful benefits.

Legal Requirement

As per the Employee State Insurance Act, 1948, all businesses with 10 or more employees (in some states, 20 or more) that pay wages of up to ₹21,000 per month are required to register under the ESI Act and file returns regularly. The ESI contributions include a certain percentage of the employee's wages, shared by both the employer and the employee. Timely filing of ESI returns is necessary to fulfill the legal obligations and ensure compliance with the Act.

Who Needs to File Returns?

Understanding the criteria for registration under the Employee State Insurance (ESI) Act, 1948.Understanding these requirements helps businesses ensure they meet the compliance standards set by the Employees' State Insurance Corporation (ESIC) and avoid penalties.

Newly Registered Private Limited Companies

Newly established private limited companies with 10 or more employees and wages below ₹21,000 per month are required to register under the ESI Act. After registration, these companies must file regular ESI returns to ensure the welfare benefits of their employees, such as medical and maternity benefits, are covered. Timely return filing is necessary to stay compliant with the law and avoid any penalties or legal issues.

Existing Companies and Active Businesses

All existing companies and businesses that meet the criteria of having 10 or more employees (20 or more in certain states) and wages within the ESI wage limit are also required to file ESI returns regularly. Whether a business is a startup or an established entity, maintaining ESI compliance ensures that employees are entitled to medical, maternity, and disability benefits.

Why File ESI Returns?

Key Benefits of
ESI Return Filing

Filing ESI returns is legally mandatory and vital for employee welfare. It ensures compliance, avoids penalties, and guarantees social security benefits for your workforce.

Legal Compliance

Ensure compliance with the ESI Act, 1948 and avoid legal penalties.

Employee Welfare

Provide essential medical, maternity, and disability benefits to employees.

Avoid Penalties

Timely filing helps avoid penalties, late fees, and interest charges.

Employee Trust

Builds yearly confidence in your company's commitment to welfare.

Additional Advantages

  • Faster Claim Processing

    Proper filing expedites processing of medical and other ESI-related claims.

  • Reduced Legal Risks

    Stay protected from audits and legal complications by filing on time.

ESI Contribution & Coverage

Mandatory contribution rates and benefits offered.

ESI Contribution Calculation

Employer and Employee Rates

Under the ESI scheme, both employers and employees are required to contribute a fixed percentage of wages:

Employer Contribution: 3.25%

of the employee's gross monthly wages.

Employee Contribution: 0.75%

of the gross monthly wages.

These contributions must be made every month and deposited with the ESIC (Employees’ State Insurance Corporation) through the designated portal. Employers are responsible for deducting the employee share and depositing the combined amount.

Types of Benefits Offered

Under ESI Scheme

The ESI scheme offers a wide range of social security benefits to insured employees and their families, including:

  • Medical Benefits: Full medical care for the insured person and dependents.
  • Sickness Benefits: Cash compensation during certified medical leave (up to 91 days per year).
  • Maternity Benefits: Paid leave for female employees during maternity.
  • Disablement Benefits: Financial aid in case of temporary or permanent disability due to employment injury.
  • Dependent Benefits: Monthly pension for dependents in case of employee’s death due to employment injury.
  • Funeral Expenses: Lump sum payment for the funeral costs of the insured person.

Forms Used in ESI Return Filing

Key ESI forms employers must use during registration and return filing.

Form 1

Employer Registration

Form 1 is used by employers to register their establishment under the ESI Act. It contains details about the company, number of employees, and wage structure. Once approved, a 17-digit Employer Code Number is issued by ESIC.

Form 5

Half-Yearly Return of Contributions

Form 5 is submitted twice a year (April–September and October–March). It summarizes the contributions made by both employer and employees, with employee-wise breakup of wages and ESI amounts.

Form 6

Register of Employees

This is a statutory register that employers must maintain, listing all employees covered under ESI. It includes names, insurance numbers, wage details, and contribution records. It must be updated regularly.

Form 12

Accident Report Form

In the event of a workplace injury, employers must submit Form 12 to ESIC within 24 hours. It provides details of the incident, the injured employee, and the nature of the injury.

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Important Due Dates

Timely filing is crucial to avoid penalties and legal action.

Monthly Contribution

Deadlines

Due: 15th of following month

Although return filing is half-yearly, employers must deposit ESI contributions monthly, by the 15th of the following month. For example, contributions for April must be paid by 15th May. Timely payment of contributions is mandatory before filing the returns.

Half-Yearly Returns

Filing Schedule

Under ESIC norms, employers are required to file ESI returns twice a year:

  • April to September Due by 11th November
  • October to March Due by 11th May

These biannual filings ensure that employee contributions are properly recorded and benefits are accessible when needed. Missing these deadlines may result in fines and compliance issues.

Importance of Adhering to Deadlines

Late filing or non-filing can lead to interest, penalties, and potential legal action under the ESI Act. Adhering to due dates also ensures that employees continue to receive uninterrupted access to medical care, maternity benefits, and disability coverage under the ESIC scheme.

Step-by-Step ESI Return Filing Process

Follow these steps to ensure seamless compliance with Employee State Insurance regulations.

1

Step 1 – Collect Employee and Salary Data

Start by gathering accurate details of all eligible employees including names, ESIC numbers, wages paid, and number of working days. These details form the foundation of your return.

2

Step 2 – Calculate Employee and Employer Contributions

Calculate 0.75% of wages as the employee contribution and 3.25% as the employer contribution. Ensure all eligible components like basic pay, DA, and allowances are included.

3

Step 3 – Deposit Contributions on ESIC Portal

Log in to the ESIC employer portal and make the monthly contribution payment using an online payment method. This is usually due by the 15th of the following month.

4

Step 4 – Generate Challan and Save Receipt

Once payment is made, generate the ESIC challan as proof. Save the acknowledgment and payment confirmation for record-keeping and future audits.

5

Step 5 – File Half-Yearly Returns

After completing monthly contributions, log in to the portal during the return filing period (May and November) and submit the half-yearly return. Verify details and submit.

Step 6 – Maintain Compliance Records

Maintain all ESI-related records including challans, returns, salary registers, and correspondence for a minimum of 5 years.

Documents Required for ESI Return Filing

Keep these documents ready for smooth and error-free compliance.

Employee Register

Contains the list of all insured employees with ESIC numbers and joining details.

Salary/Wage Register

Shows monthly wages paid to employees, used for contribution calculation.

Attendance Register

Verifies the number of working days and wage eligibility.

ESIC Challans and Payment Receipts

Proof of monthly ESI contribution payments made on the portal.

ESIC Registration Certificate

Confirms the employer’s registration under ESIC.

Bank Statements

Supports financial transactions made for ESI payments.

Half-Yearly Return Copy

Record of returns submitted for the previous periods.

Employee-wise ESI Calculation Sheet

Details of individual contributions based on salary slabs.

Penalties for Non-Filing or Delay

Failing to comply with ESI return filing requirements can lead to serious financial and legal consequences.

Interest on Delayed Payment

If the ESI contribution is paid after the due date, interest at the rate of 12% per annum is levied on the delayed amount. This interest is calculated from the due date until the actual date of payment, increasing the financial burden on employers.

Penalty Charges & Legal Consequences

Penalty Charges Under ESI Act

Under Section 85 of the ESI Act, the employer may be penalized with damages ranging from 5% to 25% of the contribution amount, depending on the duration of the delay. The ESIC authority decides the applicable rate based on the severity of the default.

Legal and Administrative Consequences

Continued non-compliance can lead to prosecution, imprisonment (up to 3 years), and even attachment of property or bank accounts. It can also result in loss of registration benefits, making it difficult for businesses to operate smoothly or access government tenders.

How Udyog Suvidha Kendra Helps

Udyog Suvidha Kendra simplifies the ESI compliance process for businesses by providing comprehensive support at every step. From expert guidance to timely return filing, we ensure you stay fully compliant without administrative hassle.

1

Expert Payroll & Compliance

Our team of professionals, including payroll experts and compliance consultants, ensures accurate handling of all ESI-related processes aligned with ESIC regulations.

Pro Handling
2

End-to-End Assistance

We manage the complete filing cycle including data preparation, uploading returns on the ESIC portal, and assisting with payment through secure channels.

Full Cycle
3

Timely Alerts & Documentation

Stay ahead of deadlines with our automated reminders. We also ensure all your ESI records and documents are correctly maintained and verified.

Error-Free

Frequently Asked Questions

ESI Return Filing in Major Cities