Bharat Gera
Principal Hr Consultant
Hr Professional
Loginmiraclelogistics & Management) Pg
Srinath Sai Ram
Hr Manager
Labour Law Advocate
+2 Others

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I am planning to take up the Job on Assignment, Contract and Part time basis in few industries on monthly remuneration/fees which varies from Rs.5000 to Rs.10000/pm. The total earnings will definitely be more than Rs.40000/-PM. Request for clarification whether I will come under purview of ESI and PF or not.
If you engage yourself in dual employment at the same time in form of assignment, contract etc. then you will not be treated as employee and will not come under the purview of statutory benefit (generally speaking). However, exact nature of your engagement with different companies needs to be looked into for better advice.
Dear Mohan,
The implications will vary depending on your status in those establishments. Are you treated as employee ? Most probably not. Remuneration or fees are not 'salary & wages' . At best you can be considered as 'consultant' or some such portfolio. It could be a 'part time employee', underline "employee' which matters in this context. Secondly, what is the status of those estts., what is applicable for them- Factory, shops, institutions, NGO. Are they regd. under ESIC & EPF Acts ? Better ask them, they'll know the answer to your query, rather they'll decide what is applicable to you. Ascertaiin the relevant info. from the cos. and revert

If you are rendering professional service on "Retainership" basis you do not come under the definition of "Employee" as per EPF & ESI Act.To be considered as professional, you need to have qualification/expertise to be categorized like LAW, ENGINEERING, CA,ICWA, ACS etc You are planning to provide Professional Service.Service Receiver will determine about your categorization as Professional/Part Time Employee.
Please note that Part Time Employees come under the purview of all Labour Laws applicable to Employees.You are still planning?you can not determine about applicability of PF/ESI as a Service provider.Applicability of various applicable laws has to be done by your employer after following due procedure.Considering the information provided by you, i conclude that you come under IT & ST.

Your query is giving impression that you are going to start your work as consultant and not as an employee in some companies. If you are starting work as a consultant, you will be engaged on a monthly retainership which will be paid as professional fee and not as an employee on monthly hence ESI & PF coverage will not apply on you.
You can be engaged for contract fr service subject to service tax/IT.
Model authorization form for appearing before tamil nadu labour court
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