Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Jitendersyadav
Hr Manager
+1 Other

#Anonymous

Hello Everyone,
I'm hoping you could help me clarify the requirements for contract labour to register in India.
We are a company based abroad and are looking to hire one individual on contract for service governed by another jurisdiction (outside of India). I believe that the individual needs to register with the relevant authorities to be able to work in this capacity but the individual seems to disagree with that.
Also, am I right in thinking that we do not require any registration in India as we will only have one contractor?
Any advice would be greatly appreciated.
Thank you.
23rd July 2014 From Ireland, Dublin
Dear Anonymous,

Let me first understand your query. What I understand is:

1. Your company is based at abroad.

2. You wish to engage one person in India to expand your business in India.

3. There will be a contract for service between you and that person which will be enforceable at outside India.

4. Your question is whether this person is require to be registered as contractor with any authority in India.

If my understanding is correct then my answer to your query is - No.

However, mind well, in India you are subjected to so many enactments at Central level, State level as well at Local bodies subject to various parameters. You are subjected to International Law. And I need not to tell you that any Law is subjected to interpretation which depends upon how you represent yourself.

If it is establishes that your company is doing business in india, your company needs to be incorporated with ROC as foreign company registered in India, according to my knowledge.

I am not an expert but I participate in this forum to enhance my knowledge. I am sure some other learned member will contribute his knowledge on the basis of my response by which my object is going to meet.
24th July 2014 From India, Mumbai
Dear Concern
Greeting!!!
Can anyone tell that whether principle employer can pay ESIC amount directly deposit to ESIC office on behalf of contractor if the contractor is not depositing the same .
Regards
Nair
24th July 2014 From India, Ujjain
Dear Nair ji,
If the contractor is not having a code allotted to him, the principal employer is liable for the ESI contribution and he should deposit it under his code.
If contractor is having a code allotted to him and he fails to deposit the contribution, he is primarily responsible and liable. Still the principal employer can deduct the amount from contractor's bill and deposit it under his (PE) code.
To deposit the contribution of contractor's labours, the PE should have the details of contractor's labours including insurance number, in case the labour is registered as IP.
24th July 2014 From India, Mumbai
#Anonymous
Thank you very much for answering my question, Korgaonkar, and just to confirm - yes, you understood the criteria of the arrangements correctly. Your help is much appreciated. Have a lovely day.
24th July 2014 From Ireland, Dublin
Hi everyone can any one tell that ESIC deduction applicable on overtime or incentive if yes please provide related document if any.. Regards M Nair
11th September 2014 From India, Ujjain
Dear Murali,
For your query regarding the ESIC applicability on overtime, incentive wages, appended is the link to brief you the definition of Wages as per ESIC Act.
Employee's State Insurance Corporation
Rgds/ Jitender
0124-4173184
11th September 2014 From India, New Delhi
Dear Concern
Would like to know wht is the due dates for deposit of ESIC & PF challan every month if the attendance & salary cycle is from 21 to 20 of every month (i.e 21.1.2015 to 20.02.2015) but we are making the payment for the month of Jan'15 n who it is deposited..?
16th January 2015 From India, Ujjain
Dear Concern
Can anyone help....
Would like to know wht is the due dates for deposit of ESIC & PF challan every month if the attendance & salary cycle is from 21 to 20 of every month (i.e 21.1.2015 to 20.02.2015) but we are making the payment for the month of Jan'15 n who it is deposited..?[/QUOTE]
19th January 2015 From India, Ujjain
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