From India, Hyderabad
yes on ESi the views expressed are in vogue.several judgments are prevalent on this matter.When job work is done outside by another independent company and there is clear exclusivity the courts have considered them to be a separate entity.
On EPF there has not been such insistence as they have not taken sub contracts for coverage,but on case to case basis this has to be examined and a conclusive desicion arrived at.
ex: home workers in case of Agarbathi industry/beedi rolling/silk looms
to name a few are applicabity noted cases.
This subject is debated for the past 2 decades but no one seems to have the definition amended for the act to remove this ambiguity.
From United States
It states "As per section 6 and section 8A read with para 30(2) & 30(3) and para 32 of EPF & MP Act,1952, the principal employer is only responsible for contractors' compliance,whether contractors/sub contractors have independent code no". Further inorder to stream line/reguralise the compliance in respect of contractors/sub contractors/outsourcing agencies/service providers, employees, a proforma has been deivsed as Annexure B. All the establishments (Exempted/unexempted) are directed to furnish this annexure immediately.
From India, Madras
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