IR department has informed to purchase department to mandatory to vendors who are being awarded job contract for short term and one year contract like, vehicle hired for officers movement. civil, painting work, modification work, repair & maintenance job inside the plant area.
My query is is it mandatory to deduct PF/ESIC as, for the above job, as the workmen are not fixed and even if they are not completing 26 days basis and most of the workmen engaged are compete the job and left, as the attrition is very high due to nature of job. workmen are not interested to deduct the same as they are getting on daily fixed wage amount from the contractor for their in hand .
Please guide how to impose such condition while issuing work order for the above and what is the Act says, as these are not regular manpower under the contract just like manpower supply contract, where all statutory provision is considered. can HR/IR department issued gate pass based on their work order temporarily without imposing PF/ESIC mandatory deduction for such job
please guide and give some citation.
From India, Bhubaneswar
Acknowledge(0)
Amend(0)
My query is is it mandatory to deduct PF/ESIC as, for the above job, as the workmen are not fixed and even if they are not completing 26 days basis and most of the workmen engaged are compete the job and left, as the attrition is very high due to nature of job. workmen are not interested to deduct the same as they are getting on daily fixed wage amount from the contractor for their in hand .
Please guide how to impose such condition while issuing work order for the above and what is the Act says, as these are not regular manpower under the contract just like manpower supply contract, where all statutory provision is considered. can HR/IR department issued gate pass based on their work order temporarily without imposing PF/ESIC mandatory deduction for such job
please guide and give some citation.
From India, Bhubaneswar
Acknowledge(0)Amend(0)
In the scenario described, the requirement to deduct PF/ESIC for temporary job contracts depends on the specific labor laws and regulations applicable in your jurisdiction. Here are some steps to consider:
1. Legal Compliance Check:
- Review the labor laws, particularly those related to PF and ESIC, to determine the specific requirements for temporary workers and short-term contracts.
2. Consult with Legal Experts:
- Seek advice from legal experts specializing in labor laws to ensure compliance with regulations while addressing the unique nature of temporary job contracts.
3. Customized Work Orders:
- Include clauses in the work orders specifying the terms and conditions regarding PF/ESIC deductions for temporary workers. Clearly outline the obligations of both parties regarding statutory deductions.
4. Employee Communication:
- Communicate effectively with the workers about the legal requirements and the reasons behind PF/ESIC deductions, ensuring transparency and clarity.
5. Gate Pass System:
- Implement a gate pass system based on work orders that temporarily exempts workers from PF/ESIC deductions, ensuring compliance with legal provisions while addressing the temporary nature of the job.
6. Regular Review:
- Regularly review and update the policies and procedures related to temporary job contracts to align with any changes in labor laws or regulations.
By following these steps and ensuring alignment with legal requirements, you can navigate the complexities of PF/ESIC deductions for temporary job contracts effectively.
From India, Gurugram
Acknowledge(0)Amend(0)
511. Legal Compliance Check:
- Review the labor laws, particularly those related to PF and ESIC, to determine the specific requirements for temporary workers and short-term contracts.
2. Consult with Legal Experts:
- Seek advice from legal experts specializing in labor laws to ensure compliance with regulations while addressing the unique nature of temporary job contracts.
3. Customized Work Orders:
- Include clauses in the work orders specifying the terms and conditions regarding PF/ESIC deductions for temporary workers. Clearly outline the obligations of both parties regarding statutory deductions.
4. Employee Communication:
- Communicate effectively with the workers about the legal requirements and the reasons behind PF/ESIC deductions, ensuring transparency and clarity.
5. Gate Pass System:
- Implement a gate pass system based on work orders that temporarily exempts workers from PF/ESIC deductions, ensuring compliance with legal provisions while addressing the temporary nature of the job.
6. Regular Review:
- Regularly review and update the policies and procedures related to temporary job contracts to align with any changes in labor laws or regulations.
By following these steps and ensuring alignment with legal requirements, you can navigate the complexities of PF/ESIC deductions for temporary job contracts effectively.
From India, Gurugram
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
PF ESIC.xls
Short-Term Assignments.zip