Hi All,
I encountered an emoloyee whose pf(both employee and employer) is paid by company B in which he is working as a contractor while he is a regular emoloyee in company A where he is getting regular salary and allowances without pf.
Is this a normal scenario and is acceptable ?
14th August 2017 From India, Delhi
Ya..my friend its a typical quiery...
But can be seen in many areas..but no one brought it lime light..
... Epf deductions are made to safeguard the any worker's future life..ok.
Here the above example the person got the contract by an agreement with the principalemployer to pay and obey all labour laws..
I.e.at the time of tender participation he has submitted gpf no obtained for engaging some workers..
So deal over.he became a contractor.
Now come to the point..ifvhe is a contractor to perform some construction work of a construction company it is acceptable where there is a definition under APBuilding andConstruction workers act 2008 central act and rules.a contractor works on the spot is also a worker...so deduction and payments of epf is not an offence.
now 2nd post...its his will..
15th August 2017 From India, Nellore
But thus employee belongs to an IT firm where he was working as a contractor... As per him bonded labor laws applicable for that company premises hence epf is paid out by employer B.
15th August 2017 From India, Delhi
no sorry u r fed up bored nd critically against him by the working conditions or any personal reasons .. ok All I.Tcompanies have got some exclusions from general labour laws to encourage new industries. If u feel horrible there..quit it.. i think to creat any trouble to any employer we wont suggest any.
Approach labour dept Heigher rank officers to get rid of bonded labour and district collector of the area pls.
15th August 2017 From India, Nellore
I wish to clarify....bonded labour is cleanly prohibitted in India since 1977...so there were no Bonded labour exemptions...any person works his worker as bonded labour he will be sued for one year imprisonment...
no bonded labour or no bonded labour laws applicability..everywhere if any work done by any worker labour laws of the land first
applies...without labour laws there is no question of applicability of bonded labour laws. if anyone said like that bonded labour laws applied then it means a clear violation of labour laws found there . The officers sued that company and prosecuted under applicability of bonded labour act.so today or tomorrow the management will be put behind the bars.
15th August 2017 From India, Nellore
Thanks Sir!! I really appreciate your feedback.
I'll try to get more clarity on his terms & conditions for last contractor company.
But being a HR My question is, are we are good to hire this employee?
Seems his regular employer has not broken any statutory laws.
16th August 2017 From India, Delhi
Ok thank you...as an inspecting officer under all labour acts...i confirmed..so take it as granted ..ik
now for obsorbing that person as employee....no problem...execute all applicabilities of your company as an employee...
pls forget all other business..
16th August 2017 From India, Nellore
Go ahead sir pls all the best...
16th August 2017 From India, Nellore
Dear Friends,
I have a clarification to seek regarding the original query.
In the original query, is Company B actually raising the PF challan and remitting contribution for contract employee from Company A.
Further, can PF for employees of sub-contractors (wages paid by sub-contractor) be remitted by the principal employer without actually transferring the PF account / UAN to the PF code of Principal Employer? If this can be done, please guide me how to do it.
21st August 2017 From India, Kochi
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