Hr Consultant
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Dear Team,
I'm new to contract labour/ statutory works. I have a confusion. I hope you will help me.
We are in construction company, we are principle employer. We have our contractor "XYZ" and they have subcontractors "abc" & "efg" etc.
For certain urgent works we had appointed the contractor "xyz" without PF & ESIC registration. "XYZ" is under works contract.
Now we have informed our contractor "xyz" to enroll his workers under ESIC & PF and he is not cooperative. He has no direct workers under him. Its all subcontractors.
So, 1. Can we (Principle Employer) ask the sub contractors to enroll under PF & ESIC?
2. If subcontractor pays ESIC & PF, contractor "xyz" is not liable to pay again right?
3. Principle employer is still be held liable if the subcontractors pay ESIC & PF and contractor doesn't pay?
Kindly send me the answers. Thank you.

in a nutshell, principal employer has to get ensure with documentary proof that ESIC/PF/PT has been paid for the workers by any immediate or sub contractor, otherwise principal has to deduct the same and pay it .
follow form XIII and XIV submitted by contractor, and ask for Contribution records / proof of challan

Contractor XYZ has to obtain registrations under PF & ESI, period.
You will have no direct control over subcontractors.
Don't issue any contract unless the new contractor has PF, ESI & the remaining registrations.

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