Freelancer In Hr &indirect Taxes For
Hr Consultant

Boss has 3 different firms (say A, B & C) all in the same locality. After lockdown, for ease she has told employees of firm A & B (with accounts kind of work) to report to firm C and carrying out our actual job from there (since she does not visit all firms regularly after lockdown and we all are told to maintain strict social distancing).

Now firm C has esi/pf with 13 employees but A & B have 1 & 4 employees respectively, hence no esi/pf. Can we employees of A & B demand esi/pf since we are working from C location even though we actually work for Firm A or B?

Note: All 3 firms have different work. A= service provider, B= logistics provider, C= manufacturing unit. All A, B & C firms work for each other and other clients related to the specific business. For Example A provides service to both B & C and to other clients as well and same goes with the other firms.

From India, Bengaluru
PF &ESIC compliance is employers obligation.
however it is subject to fulfilment of the certain conditions like the establishment must have 10/20 or more employees. and if the wages of employee are less than 15k.

From India, Vadodara
Can I get PF/ESI. I work at firm B with 4 employees but now 3 of us are reporting to Firm C but still doing work for Firm B. Firm B employees salaries range from 8k - 15k.
So since we are reporting to Firm C although we work for Firm B, are we all eligible? If any doubt in my explanation. I will try to explain in simple again. Please tell if you need any other info?

From India, Bengaluru
Mere common place of business does not confirm the enforcement of ESI/EPF laws
In a commercial building, there may be hundreds of offices, and in each office room, there may be more than one establishment, but unless each establishment fulfil the criteria, they are not bound to make compliance

Thank you for your response Glidor sir, but here all business are of my boss itself. I have already asked her why she is calling us to Firm C when we work for Firm B. She says due to virus, she wants less travelling, and that is fine but when Firm C has special benefits like ESI/pf/gratuity/bonus/etc. even we would prefer to have those benefits.
And since we are reporting to Firm C, we expect to get similar benefits. It feels like she combined work for Firm B & C for her ease but doesnt want to give us our benefits for her own ease and convenience.

From India, Bengaluru
Mere common boss is also not a criteria, a person can be director, partner of multiple firms or companies,
for your information, enforcement department of labour welfare keep close track of all establishments very closely, and if they find it common and worth amalgamation, they act rapidly,

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