Dear All,
As we all know that most employer don't want to take liability of employee.
In my case
* Total employee is 110.
* I have only 25 employee are on roll.
* Rest have 4 contractors but then have only total 20 employee on their on roll and maintaining only attendance and salary register, and other are on off roll.
* As per my knowledge employer can't give labour contract in company's primisis in core process.
* I want to take all employee on my roll. My benefit that I will give salary sleep, experience certificate, Proper bonus destitution and less register maintain.
My question is that How can i convince to my employer to take all employee on roll? Which are the point, I have to consider? by Which point I can convince to my employer?
Please need your help.

From India, Rajkot
Dear Mahesh, Can you specify what type of the company you are workin with? Is it registered under Factory act, shop act, .....?
From India, Mumbai
Dear Manish,
There are so many factors involved to hire the off rolls employees instead on rolls. You can not approach your Organisation to put all these employees on company rolls just because you wants to give them salary slip, experience certificate etc.. If you are really keen to put them on company rolls, please do analyse the following : -
1. Does your company have the regular requirement of these employees.
2. Are they engaged in the core activity of the manufacturing process.
3. Does your Factory's Licence has the capacity of 110 employees.
4. Are these employees skilled in this particular field and they would be worth for Organisation.
5. Would it be costlier or cost reduction by taking them on company rolls.
Before putting the proposal to regularising them on company rolls, consider the above and have proper description to explain to the management that how it is worth full.

From India, New Delhi

Dear Mahesh
Please give the complete details whenever you raise any query.
Have you got the Contract Labour Registration of Establishment Certificate.
Did you give Form V to all your contractors so that they can apply for Labour Licence.
Who is your licencing authority.
Under which act your establishment is covered.
Is your labour strength varies on daily basis or is it constant.
Presently how you are maintaining the records.
If the nature of work is permanent then why your management deployed contract labour for those work.
If you reply to the above questions, surely our members will give you suitable reply to your query.

From India, Kumbakonam
Dear Boss,
We did not provide form V to labour contractor. They don't have labour license thats why are are keep maintaininig his employee under 10.
Right now they are maintaining only attendance and salary register.
I got shocked when I got information that they are using our company's PF no. and paying PF.

From India, Rajkot

You did not reply all the questions raised in this forum.

1. Do you hold a Registration Certificate under Contract Labour Act as a principal employer or do you hold any valid Contract Labour Licence as a principal contractor.

If you hold obviously you must cover the PF and ESI for the workers of the contractors who are not having their own PF and ESI Code.

If you are not having then you cannot engage the contract labour in your industry.

2. What about the workers engaged by you. Are they coming regularly or they are changing regularly and new workers getting engaged regularly to maintain the constant strength.

3. It is surprising to know that without your notice, how others can upload the ECR File in EPF Portal. Please find out who has given the idea of paying the PF of your contractors workmen through your PF Code. Please download the details of workmen from Portal and check the names of the workers and amount. Please keep the Paysheet and muster roll of the workers ready as the PF Inspector may ask for the details any time. Further give necessary instructions to the contractors, that they should not operate your PF code directly without your consent.

In turn you can directly deduct the PF amount from their bill and remit the same to the EPFO in your code. If the PF is remitted in your account means obviously you must give the Form 5 & Form 10 and the application for withdrawal must be forwarded through you and with your authorised signatory signature.

Do inform the facts to the Sub contractors and instruct them to submit the Paysheet and muster roll for the period they got engaged in your organisation and verify the records for its correctness (basic amount and PF amount with the remitted PF challan).

For your smooth functioning please install a Biometric Attendance system and let all the employee enters the premises after punching and go out after punching. Extract the data regularly and consolidate. With the extracted data prepare the muster roll and accordingly prepare the paysheet. Then you can pay the PF and ESI from your account. The employee share of PF can be debited directly from the bill of the contractors and if the employer PF also in the scope of the contractor, then that too also you can debit from the bills of the contractors.

From India, Kumbakonam
Thank you sir,
We don't register under labour contract act as a Principal employer. I Just this org. before three month. When I found this kind of activity is going on, I raise this issue to my Director.
Right Now we are in process to cancel all labour contract, will take all employee on our payroll.
Now I ensure that I am on right track.
Thank you so much for help.

From India, Rajkot
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From India, Thane

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