1. Are seconded employees from the holding company considered contract workmen under CLRA?
2. Employer does not book any expense on behalf of Project Company. Employer makes separate balance sheet and Project Company has separate balance sheet or Project Company P&L becomes part of consolidated balance sheet of SPGVL.
3. Can Host Entity pay the salary and remit statutory contributions using the PF registration of Employer?
4. In Secondment from a parent company, is there a requirement of additional consideration payable to Employer for seconding the services to the Host Entity (Subsidiary)?
5. Can the Host Entity transfer funds (without invoicing process) with regards to statutory contributions like PF, ESIC, PT, LWF etc to employer for remitting the contributions in their code?
6. During the secondment period, if any employee leaves, how will the full & final settlement be closed? In our arrangement salaries are from Host Entity (Project Company) and Host entity is transferring funds for statutory remittances as well to Original Employer. Will Original Employer bear the cost of other components like leave encashment, gratuity or any other deductions from Original Employer finance?
7. Since salaries are paid by Project Company (Host entity) basis the internal understanding (no invoice will be raised between the two entities). In the event of any inspection, will employer be able to establish the payment of wages to their employees?
8. While the employee is on secondment, salary slip will be issued by SPV (Host Entity). We mention PF number on all employees’ salary slips. In this scenario, PF number mentioned on each pay slip will be of Original employer. Is this fine?
9. Can any employee go to labour court asking that Original employer has not paid the salaries as per the appointment terms for the period he has been on secondment with Project Company (Host entity)?
10. If any PF Enforcement Officer visits to Project Company (host entity) location for inspection. Due to jurisdiction constraint, will our respose to EPFO EO that the employees working at Project Company (host entity) are not Project Company employees but they are getting paid salaries from Project Company and their PF is remitted in Original employer in Delhi?
2. Employer does not book any expense on behalf of Project Company. Employer makes separate balance sheet and Project Company has separate balance sheet or Project Company P&L becomes part of consolidated balance sheet of SPGVL.
3. Can Host Entity pay the salary and remit statutory contributions using the PF registration of Employer?
4. In Secondment from a parent company, is there a requirement of additional consideration payable to Employer for seconding the services to the Host Entity (Subsidiary)?
5. Can the Host Entity transfer funds (without invoicing process) with regards to statutory contributions like PF, ESIC, PT, LWF etc to employer for remitting the contributions in their code?
6. During the secondment period, if any employee leaves, how will the full & final settlement be closed? In our arrangement salaries are from Host Entity (Project Company) and Host entity is transferring funds for statutory remittances as well to Original Employer. Will Original Employer bear the cost of other components like leave encashment, gratuity or any other deductions from Original Employer finance?
7. Since salaries are paid by Project Company (Host entity) basis the internal understanding (no invoice will be raised between the two entities). In the event of any inspection, will employer be able to establish the payment of wages to their employees?
8. While the employee is on secondment, salary slip will be issued by SPV (Host Entity). We mention PF number on all employees’ salary slips. In this scenario, PF number mentioned on each pay slip will be of Original employer. Is this fine?
9. Can any employee go to labour court asking that Original employer has not paid the salaries as per the appointment terms for the period he has been on secondment with Project Company (Host entity)?
10. If any PF Enforcement Officer visits to Project Company (host entity) location for inspection. Due to jurisdiction constraint, will our respose to EPFO EO that the employees working at Project Company (host entity) are not Project Company employees but they are getting paid salaries from Project Company and their PF is remitted in Original employer in Delhi?