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Esi Epf Case Laws - Contract Labour

archanashukla Started The Discussion:

Dear All,
Hi,
I am working with a hotel. Here there are some employees who are not on our payroll rather on the contractor's payroll.so my question is we are paying the contractor the amount of his services rendered but has asked him to pay the esi/epf for the employees on his payroll.If he does not do the same then is it the responsibility of the principal employe to do it?
Please answer me the same as soon as possible.

Thanx,
With trgards
Archana Shukla

zkersi - 
Dear Archana,

Always remember. Contractor can escape anytime. Thus the principal employer is accountable for everything as far as anything pertaining to the contract labour management is concerned.


Ask your contractor to produce PF and ESI challans everymonth and if he fails to do so, hold back the payment payable to him.

Regards

Zubin

Dear Archana,


Yes. Zubin said correct so pls aware of the Contractor.

But ask your contractor whether they having more than 20 contract labour, If they said no what are the benefits avail.

Regards
Sivashankaran

pradeeppic - Contributing Member
yes archana ji, you will be in trouble if you do not comply to what ia sais above. For any clarifications & details, please write to me. Pradeep Sharma Associate Manager MFPL

rath_ratikanta - Contributing Member
hi archana yes it is must if the contractor will not deposit the ESI,PF then being a principal employer u have to deposit the amount with fine. so better tell contractor to produce there monthly return challan copy of every month before clearance of there Bill. or deduct the PF ESI amount from there Bill & clear rest amount and deposit own.


secondly for siva since the principal employeer have the PF, ESI code so the question of 20 is not arise for there . even though contractor will deploy 2 labour they have to deposit Pf,ESI of 2 people since employer have own PF,ESI .
Ratikanta Rath

HR MANAGER

yashpriya - Contributing Member
yes, it is the responsibity of principal employer to check that contractor is deducting it and penalty will be imposed on principal employer if contractor does any negligency in deducting esi, pf .

yes , u have to check out all the legal compliance u r responsible for it you will be in trouble if you do not comply all things

sumitk.saxena - Contributing Member
Dear Archana,
Greetings for the day,
First of all tell me that your establishment is covered under ESIC/EPF or not. If covered than your contractor is covered under the ESIC/EPF or not. If not tell your contractor to get coverage under the same as because both the concern are provide social security to the employees of unorganised sector. If the contractor is providing the labour to you ask him to pay the esi/epf contribution in favour of labourers immediatly if he unable to do so the liablity must fall to the principle employer for whom the job work is being carried out.
thanks & regard,
from,
sumit kumar saxena,
9899669071, 0120-4131277

charvaka - Contributing Member
Dear ARCHANA, for contract employee you Should have to pay ESI & PF As per the contarct labour act 1970. Regards Charvaka Reddy

Dear Archana,
Hye,

Above all Respondents have given a right statements against your words. Yes, it is your responsibilty if Contractor does'nt fulfill Pf related matters (Deductions & all). Firstly tell who is paying to Contractor's Employees?

Regards
Abhishek Garg

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