Need a Declaration format for the contractors who are not providing the PF + ESIC benefits to their employees

Hi,
I would like to have a Declaration format for the contractors who are not willing to provide the PF+ESIC benefits to their employees due to less than 20 employees their firm. Is there any format available anyone can provide the same.
Kind Regards

Hi Bindu,
Mere declaration not applicable, <20 employees etc will not help you at times of crisis /contingencies. Nothing less than an indemnity bond in the form of cash deposit (Sec.Deposit in the form of FD in joint names, duly marking a lien or Bank guarantee for some estimated value only can help you. I think you should not rely on any declaration in whatsoever format it could be.

Dear Miss Bindu,
If Contractor is not having Independent PF/ESI Code Numbers, you have to cover such Employees under ESI/PF from Principal Employer Code Number.While engaging Contractors, ensure to engage Contractors with Independent Code Numbers.The Declaration Format you are referring will not hold good from the point of Statutory Compliance

You need to ask your contractor to obtain their own PF/ESI code nos, as this will be

proved to be good in future not only for contractor but also to the principal employer, and ask them to remit contributions for their own employees.

To further safeguard the interest of principal employer, you can ask them to submit a declaration

as per text reproduced below, on a monthly basis, alongwith their Service bill for payment.

quote

DECLARATION

This is to confirm that we are complying with various provisions of statutory requirement of Employees State Insurance Act, 1948 and Employees Provident Fund & Miscellaneous Provisions Act, 1952, in respect of all -- (type of employees deployed) deployed at various locations of M/s --(Name of Principal employer with address) and that we have remitted contributions towards ESI and PF in respect of all --(type of employees deployed) at M/s --- (Name of principal employer) for the month of ---- to the respective statutory authorities and a copy of remittance challan/ECR is also attached for record purpose.

Dated this …. Day of Two thousand Twenty only

For --- (Name of contractor)

Signature with seal

unquote

Instead insist, as a irrevocable pre-condition, every service bill shall accompany the proof (paid challan) of remittance of EPF/ESIC contributions of previous month (every month). And that the acknowledged copy of periodical returns together with persons wise amounts of contributions showing UAN/ESI members No. shall also be submitted to you promptly. Suitable clause may be incorporated in the Service Agreement.