Urgent Clarification Regarding Contractor - CiteHR
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Dear Govind,
1. Before signing the contract. Please check his PF/ ESI Licence. He should provide you with a copy of the same along with his quote.
2. He should provide you with a copy of the Chalan vide which he has deposited the PF/ESI for the employees working with you.
3. In case of the inspectors visiting your facility, it is your responcibility to account for all the employees including Contractual Staff. The Contractor will be approached later.
4. Thus always insist on getting the Chalans and study them thoroughly for the remittences of the people working with you.
Regards,
Col
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Dear, Monitoring without periodically gap is must. Payment of ESI and EPF directly is better than payment to Contractor. JP Singh
According to act no contractor to whom this Act applies, shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the licensing officer.
so you should ask for license from your contractor.
now my contractor didnt paid the pf and esi. eventhough we paid to him. from whom the government will collect and what action will be taken by the government for contractor and for employer
regards suresh
Hi As principle employer you are liable to pay the contributions if the contractor has not paid, and the authorities will initiate action on the principle employer.
Hi,
Yes Principal Employer ( Your Company ) is responsible for that. If you want to avoid those problem you must to ask to your contactor Separate challan ( PF ) fill in bank , and ask for Annual return copy for your record. You conduct Audit every 6 monthly for all statutory compliance
PF you ask for 3A,9 12A.
ESIC ask for RC (which is 6 monthly submit )
Professional tax asks for calculation (if he pay combine) or ask him separately
Incase you have any query call me Sachin 09822027644
Hi Govind,
Of course contractor is going to be in trouble. While finalizing vendor you should have cross checked all necessary documents like licence et.. You can still ask for the same and challans month on month from the contractor for ensuring proper submission of ESI/PF.
supporting document is compulsory for accounts people release their PF, ESI bills. Hope you are collecting challans from the contractor every month.
Anyway you dont need to worry. Still i suggest you to cross check the necessary documents.
Dear Govind,
You can send an application to your nearest ESI/PF department regarding the PF/ESI amount has been paid to the contractor and said contractor still not deposited the ESI/PF of all workers who are engage in work with us since...........
This will confirm about employer liablity met with the requirements and you will be safe for future.
Be hold all ESI/PF for future trasection and even the contractor has taken ESI/PF amount from you and not deposited and ESI/PF dept will take care of this and they will send a legal notice to contractor.
Best Regards
Sajid Ansari-Delhi
My dear In this case principal employeer is responsible i.e. it will be your responsibility to ensure contractor must deposit emploee P.F., ESI, Sunil Prabhakar Manager HR
Dear Mr Govind

It is the primary responsibility of the principal employer to comply under the provosions of the ESI Act, 1948 in respect of all the employees engaged either directly or through an immediate employer(contractor) in the first instance under section 40 of the Act. Then Section 41 emplowers you to deduct the contributions from the immediate employer (contractor) from his bills or any amount payable to him. Suppose if the contractor is already covered under the Act with separate code No. they as a principal employer you have to insist the contractor to submit the copy of the challan, copy of Register of employees , wage sheet of the labour deployed at your site as provided under section 41(1A) of the Act. It is the mandatory and the principle employer can not escape from the statutory responsibility of the payment of contributions under any circumstances. A clear cut case of Honble A.P.High Court case is there in the case of M/s Bajrang Jute Mills vs ESIC.

The same position stands good in the case of PF also. Hence it is advisable to ensure the statutory compliances like ESI/PF before settling his claims.

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