Harsh Kumar Mehta
Consultant In Labour Laws/hr
Educator, Management Consultant & Trainer
Hr Consultant
+1 Other

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If i gave payment to person who work painting on my site he don’t have any paperwork and documentation. Is he is eligible for esi and pf. I gave him payment by chq. deducting 1% of tds
From India, Pune
if the person is working for whole the calander year, then would be counted as employee,
however if the person is getting payment after submission of bills on piece basis, then it would be contract work, and out of preview of employee/employer relation,
but in case of conrtact worker, there should not be any attendance or master roll entry, at par with regular employees

Sir, all such workers / persons engaged for painting, white washing or building repairs of premises in which ESI Act, 1948 is applicable are covered/coverable under said Act provided their wages are within the range of such coverable wages as declared under said Act.
From India, Noida
Dear Anand
Since you are deducting 1% TDS u/s of 194C of income tax act. 1961 that means the contractual labours even contract labours are entitled to get the ESI & EPF benefit however as per sec 40 & 41 of ESI act. 1948. At first step contractor is responsible to provide these statutory benefit to its labours whereas principle employer have to ensure that contractual labours must not deprived from such benefit in case if contractor fails to provide these statutory rights to its labours in this scenario principle employer will provide these statutory benefit to the contractual labours engaged at her/his site & contributions cost thereof may be deduct from contract amout.
Thanks & Regards
HR & Labour Laws Advisor

From India, Agra
Dear sir,
All such employees directly or indirectly working in the premises are liable to be taken under ESI act if they got paid any thing less than Rs. 15,000/ month. Assuming that your plant / premises is under ESI and PF cover & notified also.PF WILL BE ALSO APPLICABLE PLEASE BE CAREFUL.There is no exemption of any day, month or year . ESI contributions @ 6.50% of wages will be recovered if you paid wages upto Rs. 15,000/ month to any painter(s) as you have not complied plus penalty and interests .Mr. Mehta has given correct advise pl.
RDS Yadav

From India, Delhi
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