ESI rates for 2023 and employee and employer contributions

ESI Rate for 2023: Employee & Employer Contribution Explained

Introduction

The Employees’ State Insurance Scheme is a social security system designed to provide eligible employees with medical and other benefits. For employers, ESI also creates statutory responsibilities relating to employee coverage, contribution calculation and timely payment.

 

The ESI rate for 2023 was 4% of eligible wages. The employer contributed 3.25%, while the employee contributed 0.75%. These reduced rates had been effective from 1 July 2019 and continued throughout 2023.

 

Understanding the ESI rate for 2023 is useful not only for historical payroll records but also for employers reviewing past compliance. However, businesses should be careful while comparing the 2023 rules with current requirements because India’s social security framework changed after the Code on Social Security, 2020 came into force in November 2025.

 

This guide explains the ESI rate for 2023, wage ceiling, contribution calculation, eligibility, payment timeline and the position applicable in 2026.

 

Quick Insights on ESI Contribution

  • ESI rate for 2023 was 4% of eligible wages, including 3.25% employer and 0.75% employee contribution.
  • The general ESI wage ceiling in 2023 was ₹21,000 per month.
  • Employees earning average daily wages up to ₹176 were exempt from paying their employee share.
  • ESI contributions were generally required to be deposited within 15 days of the following month.
  • In 2026, the contribution rates remain 3.25% for employers and 0.75% for employees.

 

What Is the ESI Rate for 2023?

The ESI rate for 2023 was a combined contribution of 4% of wages. It was divided between the employer and the employee as follows:

 

Particular

ESI Contribution in 2023

Employer contribution

3.25%
Employee contribution

0.75%

Total contribution

4%

 

Official ESIC financial records for 2022-23 confirm that the employer’s contribution was 3.25% and the employee’s contribution was 0.75%. The same official material states that these rates were effective from 1 July 2019.

 

Therefore, when calculating the ESI rate for 2023, the employee did not bear the entire contribution. The employer was responsible for its 3.25% share, while 0.75% represented the employee contribution.

 

The reduction from the earlier combined rate of 6.5% to 4% was introduced through an amendment to Rule 51 of the Employees’ State Insurance (Central) Rules, 1950. The Ministry of Labour and Employment also records that the reduced rates became effective on 1 July 2019.

 

 

What Was the ESI Wage Limit in 2023?

The ESI rate for 2023 also needs to be understood along with the wage ceiling applicable for ESI coverage.

 

For general ESI coverage, the wage ceiling during 2023 was ₹21,000 per month. The ceiling had been increased from ₹15,000 to ₹21,000 with effect from 1 January 2017. Official ESIC guidance confirms the ₹21,000 monthly limit.

 

The wage ceiling is relevant for determining whether an employee falls within ESI coverage. It should not be confused with the contribution percentage itself.
Another important rule applies when wages cross the prescribed ceiling during an existing contribution period. Under the legislation applicable in 2023, where an employee’s wages exceeded the prescribed limit after the beginning of a contribution period, the employee continued to be treated as an employee until the end of that contribution period.

 

Therefore, an employer should not assume that the ESI rate for 2023 stopped applying immediately on the date an employee’s wages crossed ₹21,000.

 

 

ESI Employee and Employer Contribution Rate in 2023

 

The ESI rate for 2023 consisted of two separate statutory contributions.

 

Employee Contribution

The employee’s share under the ESI rate for 2023 was 0.75% of wages.

 

The principal employer was responsible for paying the required contributions to ESIC and could recover the employee’s contribution from the employee’s wages in accordance with the law.

 

Employees whose average daily wages were up to ₹176 per day were exempt from paying the employee contribution. The employer contribution, however, remained payable for such covered employees. Official ESIC financial estimates confirm that this ₹176 exemption limit became effective from 6 September 2019.

 

Employer Contribution

The employer’s contribution under the ESI rate for 2023 was 3.25% of wages.

 

This portion is the employer’s statutory liability and should not be treated as an employee deduction. The ESI Act placed responsibility on the principal employer for payment of both contributions in the first instance.

 

Businesses that need assistance with registration and ongoing ESI requirements can also refer to Ebizfiling’s ESI Registration service, which currently reflects the 3.25% employer and 0.75% employee contribution structure.

 

 

How to Calculate ESI Contribution in 2023?

The calculation of the ESI rate for 2023 can be understood through a simple example. Suppose an employee had ESI wages of ₹18,000 per month.

 

Employee Contribution: ₹18,000 × 0.75% = ₹135

 

Employer Contribution: ₹18,000 × 3.25% = ₹585

 

Total ESI Contribution: ₹135 + ₹585 = ₹720

 

Contribution

Rate

Amount

Employee

0.75% ₹135
Employer 3.25%

₹585

Total

4%

₹720

 

 

Therefore, applying the ESI rate for 2023 to ₹18,000 of eligible wages results in a combined contribution of ₹720.

 

However, employers should not automatically calculate ESI on every amount appearing in a salary package. For 2023, the meaning of “wages” had to be determined under the Employees’ State Insurance Act, 1948. The statutory definition included remuneration paid or payable in cash under the employment contract and certain additional remuneration, while specifically excluding items such as employer contributions to pension or provident funds, travelling allowance, specified employment-related expenses and gratuity on discharge.

 

For businesses managing several employees, Ebizfiling’s Payroll Processing Services include payroll calculations and PF and ESI compliance support.

 

Who Was Eligible for ESI Coverage in 2023?

The ESI rate for 2023 did not apply merely because an individual was receiving a salary below ₹21,000.

 

The employee also had to work in a factory or establishment to which the ESI law applied. Coverage could depend on the nature of the establishment, number of employees, location and notifications issued by the appropriate government.

 

The ESI Act covered employees working directly for the principal employer and also contained provisions relating to employees engaged through immediate employers and other categories falling within the statutory definition of employee.

 

For this reason, employers should avoid making a blanket statement that every organisation automatically becomes covered simply because it has a particular number of workers. Applicability needs to be determined under the governing law and relevant notification.

 

Once applicable, employers must also ensure that eligible employees are appropriately registered.

 

 

Which Employees Were Exempt from ESI Contribution in 2023?

An important exception under the ESI rate for 2023 applied to employees earning low average daily wages.

 

Employees whose average daily wages were up to ₹176 were exempt from paying their employee share of contribution. This exemption applied from 6 September 2019 and continued during 2023.

 

This exemption must be understood correctly.

 

It did not mean that the employee was automatically outside ESI coverage. It meant that the employee was not required to bear the employee contribution where the prescribed average daily wage condition was satisfied.

 

The employer’s applicable contribution continued to be payable.

 

Therefore, when applying the ESI rate for 2023, payroll teams needed to distinguish between exemption from the employee contribution and exclusion from ESI coverage.

 

 

What Was the Due Date for ESI Contribution in 2023?

Correctly calculating the ESI rate for 2023 was only one part of employer compliance.

 

Regulation 31 of the Employees’ State Insurance (General) Regulations required an employer liable for contributions to pay them within 15 days of the last day of the calendar month in which the contributions fell due.

 

For example, a contribution falling due for a wage period ending in June would generally be required to be deposited within the prescribed 15-day period in July. Employers also needed to maintain appropriate employee and payroll information to support ESI compliance.

 

 

ESI Contribution Periods Applicable in 2023

The ESI rate for 2023 operated within prescribed contribution periods.

 

The financial year was divided into two contribution periods:

  • 1 April to 30 September
  • 1 October to 31 March

Official ESIC guidance confirms these six-month contribution periods.

 

These periods were particularly important where an employee’s wages crossed the applicable wage ceiling after a contribution period had already started.

 

Under the rule applicable in 2023, an employee whose wages exceeded the ceiling after the beginning of the contribution period could continue to remain covered until the end of that period.

 

Employers applying the ESI rate for 2023 therefore needed to consider both wages and the relevant contribution period.

 

 

What Happens If ESI Contribution Is Paid Late?

Failure to pay contributions calculated under the ESI rate for 2023 within the prescribed period could lead to additional financial liability.

 

Regulation 31A provided for simple interest at 12% per annum for each day of default or delay where contributions were not paid within the time specified under Regulation 31. Regulation 31C also provided for recovery of damages subject to the applicable provisions.

 

This makes timely ESI compliance important. An employer should correctly identify eligible employees, calculate wages, deduct the permissible employee contribution and deposit the statutory amount within the prescribed timeline.

 

 

What Is the ESI Rate in 2026?

The current position requires an important legal distinction from the ESI rate for 2023. The Code on Social Security, 2020 came into force from 21 November 2025 pursuant to Ministry of Labour and Employment Notification S.O. 5319(E).

 

The Social Security (Central) Rules, 2026 were subsequently notified through G.S.R. 344(E) dated 8 May 2026.

 

Under Rule 19 of the 2026 Rules, the ESI contribution is:

 

Contribution

2026 Rate

Employer

3.25%
Employee

0.75%

Total

4%

 

 

Rule 19 specifically prescribes an employer contribution equal to three and one-fourth per cent and an employee contribution equal to three-fourths per cent of wages. Therefore, the contribution percentages themselves remain the same as the ESI rate for 2023. However, employers should not conclude that the entire 2023 framework remains unchanged.

 

The Ministry of Labour and Employment clarified in its 2026 Labour Code FAQs that, with effect from 21 November 2025, the definition of wages under the Code on Social Security, 2020 applies. The Ministry also confirmed that the ₹21,000 per month wage ceiling notified for ESI coverage continues to apply.

 

This is the key legal difference when comparing current payroll with the ESI rate for 2023.

 

 

ESI Rate for 2023 vs ESI Rate in 2026

The contribution percentages can be compared as follows:

 

Particular

2023

2026

Employer contribution

3.25% 3.25%
Employee contribution 0.75%

0.75%

Total contribution

4% 4%
General ESI wage ceiling ₹21,000

₹21,000

Principal legal framework

ESI Act, 1948 Code on Social Security, 2020
Wage definition ESI Act framework

Code on Social Security framework

 

 

The ESI rate for 2023 and the current 2026 contribution percentages are therefore the same at 4% in total. What changed is the governing legal framework. From 21 November 2025, the Social Security Code became operative, and the final Social Security (Central) Rules, 2026 were notified on 8 May 2026.

 

Businesses should therefore avoid applying an old 2023 interpretation of wages mechanically to payroll processed in 2026.

 

 

Key Takeaways on ESI Rate for 2023

The ESI rate for 2023 was 4% of eligible wages, divided into an employer contribution of 3.25% and an employee contribution of 0.75%.

 

The general wage ceiling was ₹21,000 per month. Employees with average daily wages up to ₹176 were exempt from paying their employee share, although the employer’s applicable contribution remained payable.

 

The ESI rate for 2023 also had to be applied together with contribution-period rules and the statutory definition of wages. In 2026, the contribution percentages remain 3.25% and 0.75%, but the legal framework has changed following implementation of the Code on Social Security, 2020.

 

 

Make ESI Compliance Easier with Ebizfiling

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Ebizfiling helps businesses handle ESI-related compliance with professional support, clear documentation, and timely assistance so you can focus more on running your business.

 

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Conclusion

The ESI rate for 2023 was 4% of applicable wages, with employers contributing 3.25% and employees contributing 0.75%. The general ESI wage ceiling was ₹21,000 per month, and employers had to calculate and deposit contributions within the prescribed timeline.

 

For historical compliance, employers should apply the law and wage definition that governed the relevant 2023 period.

 

For current compliance, simply referring to the ESI rate for 2023 is not sufficient. Although the contribution percentages remain unchanged in 2026, the Code on Social Security, 2020 and Social Security (Central) Rules, 2026 now form the relevant legal framework, including the current definition of wages.

 

Employers reviewing ESI applicability, registration or payroll can also use Ebizfiling’s ESI Registration and Payroll Processing services for professional compliance support.

 

 

Frequently Asked Questions

 

1. Is ESI Deducted on Overtime Salary?

Under the ESI framework applicable in 2023, ESI contribution was generally payable on overtime wages earned by an insured employee. However, overtime earnings were not considered when determining whether the employee crossed the prescribed wage ceiling for ESI coverage.

2. Who Pays ESI for Contract Employees?

The principal employer is primarily responsible for paying ESI contributions for eligible contract employees. The principal employer may recover the applicable contribution from the immediate employer or contractor according to the prescribed ESI provisions.

3. Is ESI Applicable to Apprentices and Trainees?

For 2023, the position depended on the type of engagement. Apprentices engaged under the Apprentices Act, 1961 were excluded from ESI coverage, while other apprentices or trainees could be covered if the applicable statutory conditions were satisfied

4. How Is ESI Calculated If an Employee Has Two Employers?

Where an employee works for multiple employers during the same wage period, ESI contribution liability must be determined according to applicable regulations. Employers should verify the employee’s existing insurance details to prevent duplicate ESI identities.

5. Does ESI Continue If Employee Strength Falls Below the Limit?

Yes. Once an establishment becomes covered under the applicable ESI provisions, coverage generally continues even if its employee strength subsequently falls below the threshold that originally made ESI applicable to the establishment.

6. Is ESI Payable on Paid Leave and Layoff Wages?

Yes, certain remuneration paid for authorised leave and layoff can qualify as wages for ESI contribution purposes. Employers should determine whether a payment falls within the statutory definition of wages before calculating the contribution.

7. Can an Employee Claim Two ESI Benefits at the Same Time?

Under the ESI framework applicable in 2023, once an establishment became covered, coverage generally continued even if its employee strength later fell below the threshold that originally triggered ESI applicability

8. Where Are ESI Contribution and Coverage Disputes Settled?

For disputes arising under the ESI Act framework applicable in 2023, matters concerning employee status, wages, contribution liability, and benefit entitlement could be decided by the Employees’ Insurance Court, subject to the applicable statutory provisions and procedures.

9. How Can Ebizfiling Help with ESI Registration?

Ebizfiling can assist businesses with ESI registration, documentation and registration-related compliance requirements. Professional support can help employers understand the registration process and complete the required formalities based on their establishment’s applicable ESI requirements.

10. Can Ebizfiling Manage ESI and Payroll Compliance?

Yes. Ebizfiling provides payroll processing and compliance support for businesses, including assistance with salary calculations and ESI and PF-related payroll requirements, helping employers manage recurring employee compliance and payroll processes more efficiently.

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Author: srishti

Srishti Mukherjee is an Advocate with an LL.M. in Constitutional Law and Criminal Law, with experience in handling civil and criminal matters. Her legal expertise is supported by strong skills in legal research, interpretation, and compliance. At Ebizfiling, she applies her practical legal knowledge and research-oriented approach to developing well-structured content on Income Tax, GST, Intellectual Property Rights (IPR), and regulatory compliance. She aims to make complex legal and compliance matters more accessible by delivering content that is accurate, practical, and easy to understand for startups, businesses, and professionals.

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