We are having a contractor who has deployed 11 employees in our office as per a contract.
In the month of February, which was the last month as per the contract, 2 employees left the job after working for 6-7 days. For the remaining period, he has not deployed any permanent staff and has completed the remaining work by deploying 3 other employees. These three employees worked for 14, 12, and 14 days respectively in place of the 2 engineers who left. The contractor has not submitted ESIC for any of these 3 employees. Upon enquiring, he is saying that since it was the last month of the contract, he has not deployed any permanent staff and has completed the work with his own company’s employees. He is saying that since these three employees are earning wages more than 21,000, they are exempted from ESIC.
My question is, shall I consider this argument of the contractor that these employees are exempted from ESIC because, as per our contract, we are paying wages which are less than 21,000 and require ESI to be deposited?
In the month of February, which was the last month as per the contract, 2 employees left the job after working for 6-7 days. For the remaining period, he has not deployed any permanent staff and has completed the remaining work by deploying 3 other employees. These three employees worked for 14, 12, and 14 days respectively in place of the 2 engineers who left. The contractor has not submitted ESIC for any of these 3 employees. Upon enquiring, he is saying that since it was the last month of the contract, he has not deployed any permanent staff and has completed the work with his own company’s employees. He is saying that since these three employees are earning wages more than 21,000, they are exempted from ESIC.
My question is, shall I consider this argument of the contractor that these employees are exempted from ESIC because, as per our contract, we are paying wages which are less than 21,000 and require ESI to be deposited?