All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

Practice Mode:
70.

The contribution payable under the ESI Act in respect of an employee shall comprise of

A: contribution payable by the employer
B: contribution payable by the employee only
C: contribution payable by government only
D: contribution payable by employer and employee

The answer is: D

Explanation

The correct option is D: contribution payable by employer and employees.

This is because according to Section 39 of the Employees' State Insurance Act, 1948, the contribution payable under the Act in respect of an employee shall comprise of the contribution payable by the employer (called the employer's contribution) and the contribution payable by the employee (called the employee's contribution). The rates of contribution are fixed by the Central Government from time to time, and are currently 3.25% for the employer and 0.75% for the employee of the wages paid/payable in respect of every wage period. The employer is responsible for deducting the employee's contribution from the wages and paying both the contributions to the Employees' State Insurance Corporation within 15 days of the last day of the calendar month in which the contributions fall due. The government also contributes to the ESI scheme, but its contribution is not part of the contribution payable under Section 39 of the Act. The government's contribution is determined by the Central Government, and is mainly used for meeting a part of the expenditure on medical benefit and other administrative expenses.