Contractual labour- esi,epf etc.
feathers
(Querist) 23 August 2016
This query is : Resolved
I am working in HR department of a PSU.
We used to deploy contractual labour for around 1-1.5 months in a year.
Earlier we used to hire directly and paid lump sum amount. However, for the past few years, in order to comply with ESI, EPF acts, we have outsourced contractual labour from manpower agency. But, the experience has so far has not been good.
Problems like non compliance of EPF, ESI act, delayed wages, and less wages have time and again cropped up. The agency is reluctant to mend ways. Also, due to crunch of staff, work relating to maintenance of ESI,EPF of contractual staff would add additional burden to the organization.
It is also mentioned that daily wage staff hired on such short duration are not able to get maximum benefit from EPF etc. As most of them are students looking for quick money during vacations.
Can we deploy apprentice or volunteers on honorarium basis and get away with ESI, EPF? Can you suggest me anyway out of this problem?
Please advice.
Kumar Doab
(Expert) 23 August 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Contractual-Labour-612401.asp
feathers
(Querist) 23 August 2016
Sorry,
this is not repeated.
As asked by Mr. P S Dhingra, I am providing details.
Btw, the issue is still unresolved.
Kumar Doab
(Expert) 23 August 2016
You have posted:
"As asked by P S Dhingra, I am providing details.'
It expected from querist/authors that they shall address experts that address their queries respectfully.
It is expected that while addressing an expert the title as Mr/Ms/Mrs/Shri shall be added.
Otherwise also it is expected to address a person as Mr/Ms/Mrs/Shri....
feathers
(Querist) 23 August 2016
Error is regretted, Sir.
It was a typographical error.
And as for your kind advice, I will keep that in mind.
Regards.
Sudhir Kumar, Advocate 
(Expert) 27 August 2016
"Can we deploy apprentice or volunteers on honorarium basis and get away with ESI, EPF?"
This forum basically does not encourage or advise frauds.
They were you employees. You were bound to pay ESI and PF and from that point onwards they were your employees and now they cannot be apprentices.
Even if daily wager, even if employed for short period you are liable to pay ESI and PF.
Even if you employed them through contractors still you are liable to pay ESI and PF if the contractor has defaulted and you are unable to make him pay.
Sudhir Kumar, Advocate
(Expert) 27 August 2016
repeated
http://www.lawyersclubindia.com/experts/Contractual-labour-esi-epf-etc--613106.asp
