07 October 2013
The central government has revised the Employee State Insurance applicability norms for employees. Effective 1 May 2010, units which are under ESIC coverage will have to start making ESI contributions for all employees whose gross monthly wages are Rs. 15,000 or below. Earlier ESI contributions for entities under coverage was mandatory for only those employees whose monthly gross wages were Rs. 10,000 or below. The amended notification was released by the ministry of labour and employment on 28 April 2010. This is a positive step that will benefit thousands of employees who will now have access to various benefits provided by the Employee State Insurance Corporation (subject to conditions): Medical Benefits Sickness Benefits Maternity Benefits Disablement Benefit Dependants’ Benefits Funeral Expenses In addition, the scheme also provides some other need based benefits (subject to conditions) to insured workers such as: Rehabilitation allowance Vocational Rehabilitation Unemployment Allowance (Under Rajiv Gandhi Shramik Kalyan Yojana) This notification will however lead to higher costs for employers as they will need to bear 4.75% of Gross Wages for the additional employees who will come under coverage, as employer contribution towards overall ESI contributions. (Employee contribution is 1.75% of Gross Wages.)
As per S/42 - No employee’s contribution shall be payable by or on behalf of an employee whose average daily wages during a wage period are below such wages as may be prescribed by the Central Government.
Since you have not given facts of the same same can not be commented.
Further if you pay less than Minimum Wage then it is also non compliance.