No Tags Found!

Dinesh Divekar

Business Mentor, Consultant And Trainer

Umakanthan53

Labour Law & Hr Consultant

Madhu.T.K

Seasoned Ir Professional

Vmlakshminarayanan

Sr.manager - Hr&admin

KK

KK!HR

Management Consultancy

Saswatabanerjee

Partner - Risk Management

Drsivaglobalhr

Doctor Siva Global Hr

Nanu1953

Ceo-usd Hr Solutions

AU

Aussiejohn

Workplace Assessment And Training

Rkn61

Sr. Hr Manager

NV

Nagarkar Vinayak L

Hr And Employee Relations Consultant

Alok-singh1

Labour Law & Ir.

NA

Nathrao

Insolvency N Gst Professional

Kumaracme

Hr Manager, A Leading Manufacturing Company

Srivastavacmlal

Master Consultant

NK SUNDARAM

International Corporate Trainer / Hr (od) Consultant

Pan Singh Dangwal

Joint Manager

R.N.Khola

Labour Laws & Ir

Bijay_majumdar

Freelancer In Hr &indirect Taxes For Services Indusrty.

Jeevarathnam

Sr Manager Hr & Compliances

Pvenu1953@gmail.com

Retired Government Servant/advocate

Ommygautam

Plant Hr Head

GL

Glidor

Hr Consultant

Loginmiraclelogistics

Asso.prof.(commerce & Management)

Suresh2511

Labour Consultant

SU

Sudhapradheep

Sr. Executive-hr

Ram K Navaratna

Hr Consultancy

Sitaramsn

Hr Freelancer

VI

Vikramk

Accounts

SU

Sunil@321

Fire Health Safety

VE

Vegansav

Insurance

JN

Jagar Nath

Marketing

MA

Mathewratnaraj

Senior Executive Hr

VD

Vishnu Desai

Hr & Admin Officer

TA

Tajona

Tajona2756@ipniel.com

SH

Shinky

Director


pardeep-kumar1
We work in PWD electrical department for specialized products like (Fire Alarm, PA System, Networking, Security Requirements) We have our technical man power who do installation work. We out source our cabling work to individual persons and deduct TDS on payments made to them. We don't have 10 people in our organization but to fulfill the tender conditions, registered under ESI/EPF. The inspector inspected our balance sheet and told to pay ESI and EPF on following heads.

1. Repair and Maintenance
2. Installation Charges
3. Freight Charges both to and from
4. Consultancy charges.

Pls advice.

From India, Chandigarh
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Seasoned Ir Professional

Madhu.T.K
4160

Of these payments, freight charges do not come under the definition of wages in either Act but the other payments will attract ESI and EPF subject to certain conditions.

Repairs and maintenance: Who carries out this work? You should have engaged somebody to do it and you should have paid wages or fees whatever is demanded by the latter. Then that is a payment in which labour is involved. If you have outsourced the repairs and maintenance work to somebody else, you have to prove that the person working for you get salary from his organisation after deducting ESI and or EPF. Simply, the establishment should be registered under ESI and EPF. Then you need not cover them again but you can submit to the ESI/ EPF that the person who does repairs work is under the payroll of XXXX company which is an establishment registered under ESI/ EPF.

Installation Charges: It is an amount you have collected from the customers and is presumed to be paid to the person who does the work. Obviously, this should be an amount over and above the monthly salary that he gets. This can also be an amount to reimburse the travelling expenses payable to the technician. If so, you should produce relevant documents in support that whatever is paid to the technician is to meet his expenses in the field and site and whatever is collected from the customer is paid to the technician separately. This payment will not attract EPF contribution because this is not a payment made universally to all the employees of your establishment and hence do not form part of basic wages under EPF Act.

Freight Charges is payment to transporters and the payment is made per kilometer and no way it is a labour involved payment

Consultancy charges: This is an amount paid to your consultants. Who is a consultant? Do you have any technical consultant? Or do you have anybody who guides you on matters relating to your HR and IR matters? Then that payment shall be professional fees and not wages. However, simply saying that one person is a consultant will not serve the purpose. You can not engage a consultant who will come to your office every day at 10 am and remain there in the office till 5 pm, takes approval for taking a leave, follows all HR policies relating to office timing, leave, dress code etc, To be a genuine consultant you have to produce the agreement with him and show that he is a professional in all meaning. Otherwise, these payments are equally wages only.

Expecting your further comments and clarifications so that we can take it forward.

From India, Kannur
If You Are Knowledgeable About Any Fact, Resource or Experience Related to This Topic and Want to Be Part of our support system - Please Register and Log In to CiteHR.





Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2023 CiteHRŽ

All Material Copyright And Trademarks in Posts Held By Respective Owners.
Members Notified Via CiteMailer.Com