Malay.kumar1
Hr & Administrtion
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber

Repected members,
we are ISP's(Internet service provider) contractor for maintenance work having only 3 employees which are as per agreement with principal employer. they have some other contractors too all individual contractor has less than 10 employees
we are not working inside ISP premises but their customer's premises at various places
so my question is
1. we need to register and pay ESIC and EPF?
2.if yes then why?
3. if no then please give me some solid proof to show to the principal employer
4. do we require to maintain wages register?
22nd May 2013 From India, Ahmedabad
Dear Mr. Swnirav1265

Applicability of PF as per The Employee's provident funds and Miscellaneous Provisions Act, 1952

[B]An Act to provide for the institution of provident funds, pension fund and deposit-linked insurance fund for employees in

factories and other establishments.

Be it enacted by Parliament as follows:-

1. Short title, extent and application.- (1) This Act may be called the Employees‟ Provident Funds and Miscellaneous Provisions Act,

1952.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) Subject to the provisions contained in section 16, it applies -

(a) to every establishment which is a factory engaged in any industry specified in Schedule I and in which twenty or more persons are

employed[B]

And Applicability of ESIC Act

APPLICABILITY

Under Section 2(12) the Act is applicable to non-seasonal factories employing 10 or more persons.

Under Section 1(5) of the Act, the Scheme has been extended to shops, hotels, restaurants, cinemas including preview theatres, road-motor transport undertakings and newspaper establishments employing 20* or more persons.

Further under section 1(5) of the Act, the Scheme has been extended to Private Medical and Educational institutions employing 20* or more persons in certain States/UTs.

*Note: 14 State Govts. / UTs have reduced the threshold limit for coverage of shops and other establishments from 20 to 10 or more persons. Remaining State Governments/UTs are in the process of reducing the same.

[B]

Hence, PF and ESI is not applicable, and regarding maintenance of wage register is must because you have to follow minimum wage & have to prepare Wage & Muster Roll

With Regards
23rd May 2013 From India, Ranchi
Dear Swnirav1265,
Since you are working for and in the premises of such an establishment (i.e. PE) which is covered under PF and ESIS, your employees who are working for and in the premises of covered establishment need to be covered under PF and ESIS irrespective of number of total employees you have and whether you are covered under PF and ESIS or not.
You are requested to read the definition of employee under both the enactments. Please note that whatever laws applicable to PE are applicable to you for the employees engaged for work under PE.
One can make value addition to my reply.
23rd May 2013 From India, Mumbai
Thank you for the replies
my state is gujarat city is ahmedabad
can principal employer ask for the wages register we maintain?
I want little bit more knowledge and discussion regarding this topic
please help me members
thanks in advance
23rd May 2013 From India, Ahmedabad
Dear Swnirav1265,
Answer to your question is- Yes. PE can ask for wage register copy from you. In fact, you are suppose to make the payment of wages in presence of representative of PE and obtain his signature in the wage register for having done it.
24th May 2013 From India, Mumbai
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