What is the Employees’ State Insurance Act, 1948?

What is the Employees’ State Insurance Act, 1948?

Compliance & labour law Updated September 2026

The Employees' State Insurance Act, 1948 covers establishments with 10 or more employees, up to a wage ceiling that's stood at Rs 21,000 since 2017. Now absorbed into the Code on Social Security, with the ESI Scheme itself continuing under ESIC.

The Employees’ State Insurance Act, 1948 provides medical and cash benefits to covered employees, the legal instrument behind the ESI scheme, administered by ESIC.

Coverage, the wage ceiling, and what it provides

The Act generally applies to establishments employing 10 or more people, though the threshold has historically differed slightly by state and establishment type. Coverage is capped at a wage ceiling that has stood at ₹21,000 a month since January 2017, unchanged despite periodic industry discussion about raising it. Worth noting: under the Code on Wages’ broader wage definition, an employee’s coverage-determining pay figure may now capture more of total gross salary than it used to, meaning some employees could newly fall under the ₹21,000 threshold even though the ceiling number itself hasn’t moved. Benefits span medical care for the employee and dependents, sickness benefit, maternity benefit, disablement benefit, and dependents’ benefit in case of death from employment injury, funded through employer and employee contributions. This Act has been consolidated into the Code on Social Security, 2020, though the ESI Scheme itself continues operating essentially unchanged under ESIC.

Frequently asked questions

Has the ₹21,000 wage ceiling changed recently?

No, it’s remained at ₹21,000 since 2017, though it’s periodically discussed for revision, don’t assume an increase without checking a current, dated source.

Is the ESI Act still a standalone law?

Its provisions now sit inside the Code on Social Security, though ESIC’s administration of the underlying scheme continues largely as before.

Does this Act cover an employee earning above the ceiling?

No, employees above the wage ceiling fall outside ESI coverage and instead rely on the Employees’ Compensation Act or employer-provided benefits.

See ESI for the contribution mechanics this Act’s scheme governs.

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