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ersh............. (student)     10 October 2010

contracual employement

Hi,

I want to ask here that  wheather PF n ESI WILL be applicable to these category employees, if yes who will deduct it, principle employer or emmegiate employer? who will do the form filing?



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 5 Replies

Sanjay Malik (Manager- Legal & Compliance )     11 October 2010

Yes, contractual employee's shall be entitled to be convered under ESI & PF, it is specifically mentioned in the definition of Employees in both these Act.

It is the duty of the principal employer to deduct and deposit contribution of ESI & PF in his own  code in respect of  contractual employees if the contractor do not have his own code. and can recovered the amount of contribution from the contractors.

And even if contactors have their own code still it is the responsiblity of principal employer to ensure timely deposition of contribution by the contractor for complaince.


(Guest)

KINDLY NOTE THAT CONTRACT LABOUR ARE EMPLOYEES OF THE CONTRACTOR.AND THE  COMPANY WHICH IS ENGAGING CONTRACTOR FOR ANY PARTICULAR JOB WORK CAN NOT BE HELD RESPONSIBLE FOR ANY DUES OR DEDUCTIONS FROM SALARY OF CONTRACTORS EMPLOYEES. AS  SALARY OF LABOUR EMPLOYED BY CONTRACTOR ARE PAID BY THE CONTRACTOR .PLEASE NOTE.

Vinod Phulchand Pawar (Lawyer/Advocate)     11 October 2010

PF and ESIC applicable to the contract employees and contractor should deduct their PF and ESIC.

ersh............. (student)     12 October 2010

Hi, You all Experts(

Sanjay Malik,

NANDKUMAR B.SAWANT,

Vinod Phulchand Pawar)

,

Thanking you for emmegt reply.

ersh.

radha krishna (vp-hr)     30 October 2010

Principal Employer is ultimately liabile for coverage. In case of voilation, Principal Employer is liable/amounts recoverable from Priincipal Employer or he can be prosecuted.


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