PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Pan Singh Dangwal
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site offices should obtain sub codes of esic, epf, pt etc and register the employees sidewise, to avail the state based minimum wages implementation,
if the control is done centrally then site workers would be treated as inter-state-migrant workers and would come under central wages act
Pan Singh Dangwal@Glidor,
As per my opinion in case of site workers Minimum Wages is applicable where the site workers are deployed. However, if any HO employee temporarily posted at the site/branch office than his/her wages can be considered as per HO State Act.
The Central or State which Minimum Wages will applicable that depends upon who is the Appropriate Govt for the establishment (contract). Same point will be applicable under Contract Labour Act.
While processing site workers wages, pls mention site name (Place with State Name), so that whenever there will be any inspection done at your HO, you can clarify the point easily.
Senior members pls throw more inputs on the matter and correct me.
From India, Delhi
if the establishment opt to get sub code in the state of site, then the state based minimum wages is applicable,
site deputation from central office is for short period, and the employee has to report back to HO after deputation, this point is missing in the post.
if the payroll management and compliance is done centrally then it would be interstate migrant employee,
Hope you can read once again, with all facts mentioned
Pan Singh DangwalDear Glidor (HR Consultant),
On deeply going thru the word to word query raised by the poster and our inputs. For our better understanding I would like to share below one to one inputs.
1. I think there is not link of taking Sub Code and paying Minimum Wages. Even if any establishment don’t take any sub code (or even not registered under PF-ESI), still MW has to be followed as per applicable laws.
2. I have also mentioned if any HO person visit the site/branch office than he/she will be paid as per HO State Act.
3. As per my opinion there is no link of making Payroll-Compliance centrally and implementation of MW Act. If the establishment comes under the preview of Minimum Wages Act, than same has to be followed either the Payroll done centrally or locally.
4. Moreover the poster raised query which state minimum wages will be applicable to the site people located in Rajasthan. He did not asked for Inter State Migrant, Sub Code etc.
In short the Minimum Wages as applicable in Rajasthan State (Appropriate Govt.) will be applicable to the site worker. In r/o people working in Delhi, the Delhi State MW will applicable and in r/o people working in HO (Gurugram), Haryana Minimum Wages will be applicable.
In this case there is no link of Inter State Migrant Worker, ESI-PF Sub Code, Payroll managed centrally-locally.
I would like to hear valued comment from Mr Umakanth, Mr Madhu, Mr Dines Divekar and other senior members.
From India, Delhi