R.N.Khola
Labour Laws & Ir
Oyster27k
Recruitment & Outsourcing Service
Smbhappy
Finance, Hr, Sectarial Practices, Law And
Maryan
Manager
+5 Others

In my company I have 90 daily wage worker, now I want to put them under contractor, so my question is who will pay PF to them, is it mandatory provide ESI? And who will pay Please help me Sanjivan
From India, Pune
Sir, Actually we are not paying them PF ans ESI facilities,but they are on payroll so what can i do now,if u dont mind can i call you in the evening
From India, Pune
Dear Sanjivan,
Refer the contract agreement carefully. In that, the terms and conditions will be mentioned. If the contractor is agreed to pay the statutory requirement, then there is no matter to worry. If not, then as principle employer you need to ensure that all the statutory obligations are filed on time.
Regards
Ravi A.

From India, Madras
Sir, We are the contractor and ready to pay them ESI & PF. But we claim them with the minimum wages (ESIC at 4.75% and PF 13.61%). Thanks & Regards Ramesh 9313302804 GROUP-2 CARE SERVICES
From India, New Delhi
I suppose what you wish to convey is that you have 90 daily wage earners on the payroll of your Co.

Please appreciate a simple fact that Daily Wage is only a mode of payment of wages to the workers. It does not in any ways afferct their status under various applicable labour laws. They are all regular employees of the Co. and they are entitled to all benefits like:

a. Minimum wage
b. ESI
c. PF
d. Bonus
e. Gratuity etc...

Now if you wish to place them all under a Contractor, you will have to terminate the relationship of the 90 employees vis-a-vis their current employer (your Co.) and then re-employ them as Contract Labour.

The best way to address this would be to first obtain the resignation of all 90 employees, formally accept their resignation, settle their dues in full and final.

Termination of their employment is likely to cause legal problems for your Co.

Their employment with the Contractor will be a new innings on fresh terms and conditions.

But then, they will be entitled to all legal benefits mentioned above. The only difference will be that the employees will be on the rolls of the Contractor. He will be resposible for compliance of all applicable statutory obligations.

However, if the Contractor violates provisions any of the applicable labour labour laws, the Co. as the Principal Employer will be liable for the same.

In real terms there is no benefit by making this change.

Best Wishes,

Vasant Nair

In response to your specific query regarding ESI & PF, well it is the Contarctor's responsibility to comply with these obligations. If he does not comply, the Co. as the Principla Employer will be responsible.


From India, Mumbai
dear sanjivan
daily waged workman or contractor, it is the responsibility of the principle employer to make the payment of the ESI, PF, Bonus etc
so, it is better to have contractor who have ESI PF numbers and make the payment through them and ask the contractor, to submit the records to you, then only you have to pay him the bills for the work carried out by them
one thing the contract labour has been banned in certain categories of work, pl check on this. but now=a=days the facory inspectorate are also liberal
- as someone pointed out first get id of all contract workmen legally, infact this is the big work.( to do without attracting much of the labour laws or the self proclaimed labour leaders.
nagaraj

infact i have selected the contractor and we have arranged for him to get ESI and PF numbers at the cost of the company, and even today the system is working good

From India, Bangalore
Hi, Mr Sanjiv,

We are one of the reputed and licensed consultancy in Pune. And we manage payroll with all statutory abligation & non-statutory abligation.

We will pay PF and ESI to the employees once we take them on our rolls. will design a lucarative pay structure for your employees which will include all ESI & PF as per minimum wage act. We just charge fixed service charge every month and forwards the bill to you.

Pls find our company discription below and for any further enquiry. feel free to call at below mentioned number or mail at

Skilled Human Resource Capital is a leading one-stop Human Resource Services and Work force Solutions with a presence in Pune. We possess multi-domain expertise, understanding and knowledge that help us in executing tasks, simple or complex, across diverse industry verticals for various levels. And our wide network ensures that we successfully source the right candidate for our clients. We cater to the needs of industries such as IT/ITES, Banking, Pharmaceuticals, Engineering, Biotechnology, Institutes and Insurance providing consulting expertise for all levels i.e. junior, middle, and senior levels for positions.

Outsourcing has been popularized in India by the influx of Multi-National Companies who have experienced the benefits of the same in other Countries. This enables Companies to concentrate on core-areas of their business as non-core areas are taken care by external agencies who specialize in these activities. This provides flexibility of employment and ease of recruitment and replacement. The different types of services offered by SHRC provide the Client with a customized model which he can choose suiting the need as warranted by their own growth/ requirement.
We would be glad to be associated with your esteemed Organization and offer you the best of the Recruitment, Outsourcing& Facility Services. Our expertise and professional approach ensures a correct fit both technically and culturally with our client's.

We are now looking at forging a meaningful and mutually beneficial relationship. Attached is a brief presentation& terms and conditions of our company.

We would be very much interested in extending our services to your esteemed organization. To summarize, with the conviction of a Successful outsourcing Experience, we propose to offer our services to your organization.
Pls. give us a chance to serve and prove the best…


K. Gopi

Skilled Human Resource Capital
Tel: +91 20 40041681, Mobile: +91 9881726080
Email: | Website: www.shrcindia.com



From India, Pune
Hi Sir,
We are labour contractors or repute and work for big companies across India.
Please let us know if the requirement can be fulfilled by us.
Regards,
Primo Security and Aliied Services
email :
ph : 09953326981

From India, Delhi
Sir,
you have to employ a contractor who is holding contract labour licence, if he is employing twenty more people with your organisation. The number of labour are below twenty, no need for the labour licence. but the contractor need to pay the contribution of pf,Esi, Tds etc for them too. we are responsible to check it all before admit them to employ. otherwise it is our responsibility to pay those all for the labour and can deduct the deductions from their payments.

From India, Madras
One thing more. If you have employed 90 workers and you are not registered with the RPFO and ESIC, you have already voilated the law. Whatever you want to do is to to it now. Quick.
Get your worker resign. Open a new firm. Re-employ them through contractor. Do all the checks and safe guards as required, as suggeted above.

From India, Chandigarh

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