Gm (hr)
Compliance Officer

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hi, we have entered into an agreement for annual maintenace of ups. we have in our contract mentioned that the contractor's employee shall not be compensated with respect to injury or factal accident. the contractor is objecting for the same and wants it to be deleted. i think that we are right and the contractor is liable for the same. please comment on the same.
From India, Madras
Eventhough contract labour has been engaged, principal employer is answerable for any accident arises in their premises. Before deploying contractors pls ensure that their employees are covered under statutory obligation (like pf, esic or wc coverage)

Maintaining UPS is not a full time job. The employees of the service providers need not have to be part of the principal employer as the job is not continuous one. Moreover, the service provider will not be deploying the same employee to the same organisation. As far as I understand from the industry, such employees who provide us service and not regular in nature need not have to be covered as part of the principal employer. Experts, pls opine. -Saravana Rajan
From India, Mumbai
dear i agree with mr rajan.they are service provider will be charging sevice tax also on AMC.this is not regular job and you are not responsible for any mishappening. tks j s malik
From India, Delhi
Hi, The query is well answered by Mr. Malik. I remember to have read the same query and the same answer in some other forum also. Also I remember there is a court ruling which exempts covering outsiders (service prividers from outside the premises) under ESIC. If I can locate the exact judgement, I will post the same. -Saravana Rajan
From India, Mumbai
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