ESIC Coimbatore : Claim Unemployment Benefits

Name of the Organization : ESI Corporation (esicoimbatore.org)
Type of Facility : How to Claim Unemployment Benefits Tamilnadu?
Location : Coimbatore

Website : esicoimbatore.org/default.asp
Scheme : esicoimbatore.org/benefit…_allowance.htm

ESI Corporation Related Content:
ESI Code No. Allotment Status: https://www.indianjobtalks.in/31919.html

Unemployment Allowance Scheme :
Rajiv Gandhi Shramik Kalyan Yojana :
The ESI Scheme has introduced a scheme of unemployment allowance to the IPs who have been rendered unemployed involuntarily due to closure of the factory / establishment , retrenchment or permanent invalidity arising out of non-employment injury w.e.f. 1.4.2005

Affected IPs and their families will also be entitled to medical care from ESI Dispensaries / hospitals during periods of unemployment allowance.

Kinds of employment covered under the scheme :
Unemployment which arises due to following reasons shall be covered under the Scheme :-
** Retrenchment as defined in the Industrial Disputes Act, 1947
** Closure of the factory / establishment as defined in the Industrial Disputes Act, 1947.
** Permanent invalidity not less than 40% arising out of non-employment injury (as per decision at ESI Corporation meeting held on 18.12.2007). (The invalidity should be duly certified by a Medical Board constituted by the Central or State Government)

Eligibility conditions :
** The applicant should have been an Insured Person under the ESI Act on the date of loss of insurable employment on account of retrenchment, closure of the factory / establishment or permanent invalidity arising out of non-employment injury.
** Contribution in respect of him/ her should have been paid/ payable for a minimum period of three years (with effect from 11.09.2009 – previously five years) prior to the loss of employment . The duration of a year in this context, would mean a period of 156 days or more. An IP who has lost employment and in respect of whom the contribution was paid/ payable for 156 days or more in any two consecutive contribution periods in this reckoning will be deemed as having worked for one full year. Similarly, those who have paid contribution for 78 days more in a contribution period will be deemed as having served for a half year.
** The period of service of an I.P .need not be continuous with one employer. The I.P. shall be entitled to this allowance irrespective of the fact whether part of his/her service as employer in the same or in any other region.
** The I.P. need not satisfy any qualifying conditions afresh for claiming unemployment allowance for any subsequent spells provided to him/her but he/she should be an IP on the subsequent dates of unemployment. The unemployment allowance in the subsequent spells shall be at the same rate as has already been decided /paid.
** As specified in section 65 of the Act, an IP shall not be entitled to any other cash benefit and the unemployment Allowance simultaneously for the same period. However, he/she may opt for either of the two, i.e., cash benefit or unemployment allowance . The term ‘cash benefit’ excludes periodical payments of PDB under ESI Act and Regulations.
** As specified under Section 61 of the ESI Act , an IP who is in receipt of unemployment allowance shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.
** There will be one month waiting period after the retrenchment.

Disqualification/termination of unemployment allowance :
Unemployment allowance shall not be admissible in the following circumstances :
During lock out :
** Lay off/temporary closure of factory /estt.
** Strike resorted to by the employees .
** Voluntary abandonment of employment/premature retirement
** Less than five years contributory service [click here to know the contributory conditions to be satisfied]
** On obtaining the age of superannuation or 60 (sixty) years whichever is earlier.
** Convicted (i.e. punished for false statement) under the provisions of section 84 of the ESI Act read with Rule 62 of the ESI (Central ) Rule
** On being re-employed elsewhere during the period he/she is in receipt of unemployment allowance .
** Dismissal/termination under disciplinary action.
** On death of IP

Rate of unemployment allowance :
** The rate of unemployment allowance in respect of a person who becomes unemployed shall be calculated on the basis of average daily wage during the last four completed contribution periods, immediately preceding the date of unemployment .
** The daily rate of unemployment allowance shall be the Standard Benefit Rate as specified in the Table of Standard Benefit under Rule 54 of ESI (Central)Rules 1950 corresponding to the average daily wage so arrived.

Duration of allowance :
** The maximum duration , for which an IP shall be eligible to draw the unemployment allowance during his/her entire life time, would be six months. However, the unemployment allowance shall not be admissible for a period less than one month at a time.
** In case the beneficiary gets gainful employment subsequently , he/she can avail the balance allowance in case the contingency so arises but he/she should again be IP to be eligible for unemployment allowance for subsequent spells.

Medical Care :
** The IP eligible for unemployment allowance under the Scheme shall also be entitled to medical care for himself/herself and his/her family from the ESI Dispensaries/ESI hospitals/ IMPs Clinics for a period corresponding to contribution Period before unemployment, whichever is later.
** In the event of death of the IP on any date prior to the expiry of 6 months period of unemployment allowance , the family of the deceased IP shall continue to be entitled to medical care for 8 months as the case would have been, had the IP remained alive.
** Medical care under this scheme shall, however, be restricted to only for the first spell of unemployment.

Claim submission :
** The claim for unemployment Allowance shall be submitted by the claimant at any time but not later than three months from the date of retrenchment/ unemployment to the appropriate Branch Office in the Form (US-1) supported by the documentary evidence (in Form UA-2) proving his/her retrenchment / unemployment/invalidity.
** This certificate is to be issued by Inspector of Factories, Asst/Deputy Commissioner, Labour, Workmen Compensation Commissioner or any other authority specified in this regard. Certificate of invalidity will be issued by the medical board constituted by the Central /State Govt.

Mode of Payment of allowance :
The allowance is payable by Account Payee Cheque only

Payment in the event of death of IP :
The amount of unemployment allowance upto and including date of death of IP, is payable to his/her nominee / legal heir.

Download Form Here : esicoimbatore.org/forms/index.htm

Note :
This is a common procedure to claim unemployment benefits all over Tamilnadu. But here we have described briefly only for ESI Corporation, Coimbatore.