Kiran Arora
4

Daer All
GREETINGS
Here is a problem Can anyone suggest some way out
Being a service aservice provider we took AMC of one public sector undertaking . For the whole year every thing went smooth. Now the customer is not ready to pay the bills of last quarter stating that we will have to produce ESI ,PF registration number.Being a small service provider we have only 9 No,s of employees and don't come under shop and establishment act . The customer was already aware of these facts .
The customer is denying the payments and its not possible for us to produce ESI registation on back date. What should be done in this case
Can anyone suggest some solutions
KIRAN ARORA

From India, Srinagar
Amitmhrm
496

Hi Kiran,
If your company strength is below 20, how can you get registered with all these Acts,
Make them convince, that how it is possible to show those registration numbers, as we are still exempted under those Acts,
Show them the proofs you have with yourself, Salary register and all documents related with that...
See.. it must be the reason that the Labour Inspector might have asked for all these documents to verify.. So even you may consult with Labour Inspector even of that particular area..
Regards,
Amit Seth.

From India, Ahmadabad
Kiran Arora
4

Dear Amit
Thanks for the suggestion but that has already been done . The problem is with the finance Manager , he is not ready to accept any declaration ,
Besides he has nothing to do with labour commissioner . He himself is
not able to convince his seniors as its an instruction of their circular from
Central Corporate office .
KIRAN ARORA

From India, Srinagar
Amitmhrm
496

Hi Kiran,
If somebody is not understanding the problem, then its very difficult to make him understand..
But last thing you can do is, show him the copy of Act and your salary register, Attendance sheet and other documents if any in support of that..
Moreover send a copy to their superiors, along with a covering letter with the details, why not you can produce the same..
Regards,
Amit Seth.

From India, Ahmadabad
samvedan
315

Hello,

I accept your statement that the conerned legislations are NOT applicable to your organization. But do we have all facts of this case?

If these acts are applicable to the establishment where you have an AMC (your clients) then it is quite possible that while on inspection of your client's establishment, "labour charges" were noticed as payments made to your organization for your servicemen having visited that establishment. In such case, the principal employer (your client) ought to have covered your servicement against his code numbers, deducted appropriate sums from your bills and deposited the same to various accounts. It is because your client is LIABLE to cover contractors' employees when they are on his premises and you are a contractor as a Service provider. It is because your client has ignored or failed to do the right thing at the right time, the finance people are merely passing the responsibility to you since they can twist your arm by holding back sums due to you. What is stated here is REQUIRED to be done and is normally done by most companies.

I suggest you read the concerned bare acts to verify what I have said here and also consult a labour advisor who would show you a way out of the present predicament.

Suggest you make more enquiries and revert if your query is yet not answered!!

Regards

samvedan

September 7, 2007

From India, Pune
Kiran Arora
4

Dear Amit
sure MOST WELCOME
I have already given one treat in form of % of bill payments to finance mgr to sort out problem .This was the best solution even after any sort of declarations.
KIRAN ARORA

From India, Srinagar
Amitmhrm
496

:lol: :lol: :lol: Now i don’t think we should ask for the same.. :wink: :wink: Anyways, its good that your work is been completed.. :D
From India, Ahmadabad
svsrana
41

Kiran,
in 1998, i faced similiar situation with regard to VSNL's internet services..
first, appreciate the need for "vendor compliance" remember "Penny pinching" is not the core competence of any fortune 500 cos..
i myslef have been conducting social compliance audits for the last several years and have encountered absolute lack of adherence to labour laws , in majority of contractors ...
for capacity building i suggest you pick up reading material on :
a) WRAP "worldide repsonsible apparel production"
b) Ethical Trading Initiative
c) University of Michigan's vendore code of conduct...
let me know if you req further help
surya vrat

From India, Delhi
saravanarajan
6

Hi All, Can anyone provide me the global perspective of social compliance - how it incepted, evolved and the current trends?? Pls provide if you such materials Thnx / Rgds Saravana Rajan. S
From India, Mumbai
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