what is the applicability of PF and Esi act for the employee or proprietor himself doing the maintenance services under AMC in our office or factory premises which is covered under PF and Esi. Kindly clarify. Thanks, M S Nair
If any employee has undertaken annual maintenance contract with the company, the legal relationship between him and that company for such AMC will become agent and principal. If the Proprietor himself has taken AMC then also the relationship does not change. But if any person other than the independent AMC holder is doing the work the labour will be deemed to exist. In such cases payments will attract ESI and EPF.
Regards,
Madhu.T.K
Dear Mr Madhu,
Do you mean to say that the AMC holder himself does repair of telephone lines, telephone instruments at the company premises it will not come under ESI and PF?
regards, Shashi Nair
Dear Mr Madhu,
Do you mean to say that if the AMC holder himself does repair of telephone lines, telephone instruments at the company premises it will not come under ESI and PF as it is an Agent and Principal relationship?
regards, Shashi Nair 17.3.10
If he has obtained separate ESI/PF registration, he can register online and pay the contributions online. If he does not have registration, the principal employer should enrol his (contractor's) workers under the principal employer's registration and pay the contributions along with the contributions of his direct employees and then collect the amount paid in respect of the contract workers from the amount payable to the contractor.
Madhu.T.K
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