Dear Team,
We are a corporate in Jharkhand and Social welfare department of Jharkhand Government has asked us to run the Aanganwadi project in our campus with supervision. The manpower to run the project has been jointly hired by Government representative and our executive. There is a fixed pay structure of the employees right from Principal to peon which is supposed to be paid by us and then it will be reimbursed by the government. Here are my concerns:
1. Aanganwadi employees engagement will attract the contract labour compliance including claim for permanency as the supervision & payment based on the attendance including leave sanction is done by us?
2. If not then whose employees are they as no appoitment letter is issued to them by either of the party.
3. Do we have to follow the compliance of EPF & ESI?
4. Some category of workers pay is less than the minimum wage as per the pay structure of the Social welfare department. my organisation is at risk?
23rd August 2016 From India, Jamshedpur
In the absence of MOU, based on your query the point-wise reply to your concerns are as under:-
1 You will be governed by the Contract labour (R&A) Act and the manpower so recruited / engaged will be your employees not only for the purpose of payment of wages and leaves but for all labour laws.
2. As stated above, these employees will be yours and the principal employer will be State Government.
3. Yes, Compliance of EPF and ESIC is to be made subject to the fulfillment of required numbers and implemented areas for ESIC.
4. Please go through the State Notification of minimum wages and in my view their is no relaxation for you and can be prosecuted for violation of minimum wages Act. Even the State Government, being principal employer can also be the party.
P K Sharma
23rd August 2016 From India, Delhi
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