Madhu.T.K
Industrial Relations And Labour Laws
Sapanapune
Hr Executive
Saptarshi
Hr Officer
S SURESHKUMAR
Administration
+1 Other

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Our Company (a manufacturing PSU in West Bengal) is planning of outsourcing the canteen facilities to any NGO or Co-Operative society. As, to provide the canteen facility, man power are required to be engaged by the said NGO or Co-Operative Society to which the job will be outsourced, so, views are invited as to whether in respect of those man power to be engaged within the premises of the company should be covered under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, Employees’ State Insurance Act, 1948, Minimum Wages Act, 1948 and The Payment of Bonus Act, 1965.
Please suggest.
Regards,
DG

If it is a statutory canteen, a canteen set up as per the mandatory requirements of the Factories Act, you have to ensure that that the workers employed by the society are covered by ESI/PF and other labour laws.
Madhu.T.K

Dear DG,
As your question states it clearly that Outsourcing of a canteen will be done to a Third party--NGO /a cooperative society, then in such case, none of the above compliances applies to it.
Whenever, a specific unit of said company is outsourced to third party, then in such case, third party takes care of it.
Hope you are clear now.
Regards,
Sapana

It is not clear for me. You mean to say that the employees of "statutory" canteen run by a third party is not covered by the labour laws applicable to the factory for whose employees the canteen is set up as mandated by the law?
Madhu.T.K

If a canteen setup is there in the factory campus principal employer has to ensure that vendor is following statutory EPF, ESIC has to be followed regards Sureshkumar
Dear You need to take care EPF, ESIC and other manpower related points like working ours etc. and you also need to take the things related to wast management. which is also comes under principal employer. no-2 if company is outsourcing cafeteria services. so company need to take respective approval for lpg use.
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