India payroll guide 2 of 4

ESI rules for employers

Who is covered, what you deduct and pay, and when, as ESIC states it today.

By the MyRecords team Expert review pending Start reading

This guide covers Indian law, for businesses in India. Outside India, local tax and payroll rules come with a country pack.

The short answer

ESI covers employees earning up to ₹21,000 a month (₹25,000 for persons with disability) in covered establishments. The employee pays 0.75% of wages and the employer 3.25%. The employer pays both shares to ESIC within 15 days of the end of the month.

Reading time
5 min
Official sources
3 linked
Facts checked

Who is covered

From ESIC’s coverage page:

  • Establishments. All non-seasonal factories with 10 or more persons. State governments have extended ESI to shops, hotels, restaurants, cinemas, road-motor transport, newspaper establishments, private medical and educational institutions with 10 or more persons in certain states. Where the central government is the appropriate government, it covers such establishments, plus insurance companies, NBFCs, port trusts, airports and warehousing, with 20 or more persons.
  • Areas. The scheme is notified district by district: 668 districts, some fully and some partly. Check whether your location is notified.
  • Employees. Those whose wages are up to ₹21,000 a month, or ₹25,000 for persons with disability. This limit has applied since 1 Jan 2017.

Rates

Share Rate of wages Since
Employee 0.75% 1 Jul 2019
Employer 3.25% 1 Jul 2019
Employee with a daily average wage up to ₹176 Nil (employer still pays 3.25%) —

Source: ESIC’s contribution page.

Worked example. Shree Lakshmi Hardware pays a counter assistant ₹18,000 gross in a month.

  • Employee share: ₹18,000 × 0.75% = ₹135, deducted from pay.
  • Employer share: ₹18,000 × 3.25% = ₹585.
  • Paid to ESIC: ₹720.

A colleague on ₹24,000 a month is above the ₹21,000 limit, so no ESI is due for them unless they have a disability, when the limit is ₹25,000.

When to pay

The employer deducts the employee share and pays both shares within 15 days of the last day of the calendar month. So October’s ESI is due by 15 November.

Contribution and benefit periods

Contribution period Matching cash benefit period
1 Apr to 30 Sep 1 Jan to 30 Jun of the next year
1 Oct to 31 Mar 1 Jul to 31 Dec

Contributions in a period decide the cash benefits an employee can claim in the matching benefit period.

How MyRecords helps

  • Works out ESI at 0.75% and 3.25% for gross pay up to ₹21,000 a month, from the month’s submitted salary slips.
  • Makes the ESI upload file in the Excel 97-2003 (.xls) format the ESIC portal accepts.
  • Holds the file back if someone with ESI has no ESIC IP number, and lists them.
  • Shows the due date on the statutory page and the home-screen calendar.
  • Uploading and paying on the ESIC portal stays with you or your CA. No client has uploaded one of these files to the live portal yet; in the pilot programme we check your first month with you.

See Payroll statutory files.

Questions

Questions people ask

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01Does ESI apply to a shop or office with 12 staff?

It can. The ESI Act applies to non-seasonal factories with 10 or more persons, and state governments have extended it to shops, hotels, restaurants, cinemas, road transport, newspaper establishments, private medical and educational institutions with 10 or more persons in certain states. Coverage also depends on whether your area is notified; check ESIC’s district list.

02What if an employee’s pay goes above ₹21,000 during the year?

ESIC’s rules for staying covered until the end of a contribution period are set in the regulations. Check the current ESIC rules or your CA before you stop deducting mid-period.

03Who pays for an employee earning ₹170 a day?

Employees with a daily average wage up to ₹176 pay no employee share. The employer still pays its 3.25%.

04Did the Labour Codes change ESI rates?

ESIC’s contribution page still shows 0.75% and 3.25% from 1 Jul 2019. The Code on Social Security, 2020, in force since 21 Nov 2025, now governs social security; check ESIC’s notices for any change notified under it.

05Does MyRecords make the ESI upload file?

Yes. It works out ESI from the month’s submitted salary slips and makes the Excel 97-2003 (.xls) file the ESIC portal accepts. You or your CA upload it and pay.

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