Is Piece Rated Workers Attracted Pf & Esi ?

Dear Friends,
Please clarify weather the Piece rated workers are attracted Provident Fund & ESI ? Since there work is on piece rate.

Regards,

PBS KUMAR

Kumar,
If the workmen engaged by you are 20 & above, PF will apply irrespective of regular workmen or piecerate workmen. I am not aware of ESI part.
Pon

PF & ESI both will be applicable if there is a employer-employee relation. Calculation will be on the actual amount paid monthly.
regards,
Kamal

It is important in the case of ESI, where the work carried out on peace basis. If it is in the premises of employer or
it is at the place of workmen. For example BIDI workers. Some of the workers do work even on peace rate base in the employers factory/works, in this case ESI is applicable to those worker. Some workmen took material at their place/residence and complete the work, in this situation ESI is not applicable to those workmen.
EPF applicable in both the cases explained here.

If there is a employer-employee relationship, PF and ESI is applicable, it does not matter where the work is being carried out.
regards,
Kamal

Very intresting question put by Kumar ji, Now a days to avoid the liability under PF and ESI Act, Employers draft Agreements which may be Job oriented or piece rated. In such cases if the matter goes to the Judiciary they try to take off the veil and in case they find that the agreements are mere camoflauge or sham they award the case against the Employer.
Regards

Dear Kuljit ji,
Thank you for your coment.
Some more clarification please from experts in this field. Its an vital question and day to day problem facing by HR professionals. Employer always incesting my work should not be obstructed for this issues, if the statutory authority ask the question again the employer blameing on our HR person. So I request you all what are the solutions ?
Regards,
PBS KUMAR