esi-regulatory-updates

Draft Regulations: Employees’ State Insurance (General) Regulations, 2026

August 2, 2026

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2nd Aug 26 2:30 pm
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The Employees’ State Insurance Corporation, vide Notification No. X-11014/31/2026 P&D dated 22 July 2026, has published the draft Employees’ State Insurance (General) Regulations, 2026, framed under the Code on Social Security, 2020. The draft will be taken up for consideration on the expiry of forty-five days from the date of its publication.

Main Highlights:

  • Reg 16 — monthly return of contribution in Form 2, within 15 days of month-end, covering employees engaged directly or through contractors. All monthly returns for a contribution period must in any case be filed within 45 days of its close; 15 days in case of permanent closure.
  • Reg 19 — contribution payable within 15 days of the last day of the calendar month, electronically (Reg 18).
  • Reg 22 — damages at a flat 1.0% per month of delay. This replaces the old graded slab structure. It works out to 12% p.a. regardless of the length of default, which is materially lighter than the old top slab for long delays and heavier at the short end.
  • Reg 21 — interest at a rate to be notified by the Central Government, per day of default. The rate is no longer written into the regulations themselves.
  • Reg 24(1A) is new: every contractor must maintain a Form 4 register for his own employees and submit it to the principal employer before settlement of any amount under Section 31(6). Registers preserved five years; employees may inspect their own entries monthly.
  • Reg 11/12/15 — Form 1 declaration with photographs, portal registration, IP Card auto-generated in Form 1A, family changes updated in Form 1B. Employers must preserve declaration forms and change intimations for the entire period of employment.
  • Reg 121 — online-first. Registration, contribution filing, challan generation, payment and claims all move online with digital signatures where required, overriding anything else in the regulations.
  • Reg 120 — bound inspection book, producible to the Inspector-cum-Facilitator whether or not the employer is present; preserved five years.
  • Reg 106 — medical benefit for retired IPs at ₹50/month paid annually in advance, after five years’ insurable employment; the employer must issue the certifying document on demand. Where the contract specifies no retirement age, 60 is deemed.
  • Reg 5 — contribution periods April–September and October–March, with benefit periods lagging by three months, unchanged. First-time employees get a benefit period starting nine months from date of employment.
  • Reg 103 retains the employer’s power to discharge or reduce on notice after six months of temporary disablement or pregnancy-related absence, or 18 months for the 34 listed conditions.

Please find attached the official notification:

pdf icon Notification_ESI_Draft_Regulation_2026_29-July-2026

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