Labour Contractor - Contract Employee

sir,
i m very confused...i read all related discussions,but i am not clear with my doubt......we have 9 employee on co. payroll and through contractor 15 workers....the contractor issue us a bill after deduction workers E.S.I @4.75%......he gives us a photocopy of challan of E.S.I .
plz tell me in detail
1.whether his emploees be recorded in Form 12 register in which we record our employees.....
2.whether we are applicable for E.S.I
3.
akshima

Being Principal employer even though you have only 9 employees on your direct roll you will be covered by ESI because for coverage purposes all employees whether directly employed or through contractor(s) are counted. Your contractor is right as he is producing challans regularly.
What is form 12 of ESI?. Is it Accident Book?
Regards,
Madhu.T.K

Thank you sir
Form 12 is attendance register for workers..
I agree to your point,but contractor is depositing E.S.I for his workers himself...and giving us receipt of the deposit E.S.I slip
Sir please clear my doubt.....as you said we are applicable to get registered in E.S.I,then we have to get our workers registered,if we include all workers name(direct workers& contractor Workers)then there would be double registration by us and also by contractor.....please illustrate
Thanks
Akshima

I only meant that your establishment will be covered by ESI and it does not mean that your should cover the contract employees once again. You can enroll your direct employees and maintain the register of payment of contribution in respect of them only. In attendance register also you can put the names of direct or pay roll employees only and for contract workers you can maintain separate register.
Regards,
Madhu.T.K

The workers are employed and paid for by the contractor. Your company has contracted with the contracted for supply of a specified number of workers on a specified amount. As such in no way these workers are direct employees of your company. Therefore, their names should not appear in the company's attendance register.
2. As regards, submission o9f ESI challan by the contractor, please ensure that he deposits the amount on his firm behalf showing the workers as his employees. If in the challan, the name of depositor is shown as your company's name than there may be problems at a later date. The best course is that you reimburse the contractor, the amount deposited by him on account of ESI (on his behalf and submitting proof of deposit of amount) and raises a consolidated bill on company.
3. In no case the names of these workers should appear in any document of and in the name of the company (except the bill raised by the contractor).
TR Chhabria

Hellow My friend Dont confused,Because you hava 9 employees in your company and 15 employess through the contracter their fore you have mainten the seperate pay roll to in your companey Employees and suggest to your contracter to mainten all the documents with resfect to contract labours . As for factories Act 1948 Form -12 is the Adult Register This adult Register should be maintein seperate between companey employees and contracter Employees