Working Across Multiple Firms: Can We Demand ESI/PF Benefits When Reporting to a Different Location?

Working Across Multiple Firms: ESI/PF Eligibility

Boss has three different firms (say A, B & C) all in the same locality. After the lockdown, for ease, she has instructed employees of firms A & B (who handle accounts-related work) to report to firm C and carry out their actual jobs from there. This is because she does not visit all firms regularly after the lockdown, and we are all told to maintain strict social distancing.

Now, firm C has ESI/PF with 13 employees, but A & B have 1 & 4 employees respectively, hence no ESI/PF. Can we, the employees of A & B, demand ESI/PF since we are working from the C location even though we actually work for Firm A or B?

Firm Functions and Interdependencies

Note: All three firms have different functions. A is a service provider, B is a logistics provider, and C is a manufacturing unit. All firms A, B & C work for each other and other clients related to their specific businesses. For example, A provides services to both B & C and to other clients as well, and the same goes for the other firms.

PF & ESIC Compliance Requirements

PF & ESIC compliance is an employer's obligation. However, it is subject to the fulfillment of certain conditions, such as the establishment must have 10/20 or more employees, and if the wages of employees are less than 15k.

Can I get PF/ESI? I work at Firm B with 4 employees, but now 3 of us are reporting to Firm C while still doing work for Firm B. Salaries for Firm B employees range from 8k to 15k.

Therefore, since we are reporting to Firm C although we work for Firm B, are we all eligible? If there is any doubt in my explanation, I can try to simplify it. Please let me know if you need any additional information.

Mere commonplace of business does not confirm the enforcement of ESI/EPF laws. In a commercial building, there may be hundreds of offices, and in each office room, there may be more than one establishment, but unless each establishment fulfills the criteria, they are not bound to make compliance.

Thank you for your response, Glidor. However, here, all businesses are under my boss's ownership. I have already asked her why she is assigning us to Firm C when we are employed by Firm B. She mentioned that due to the virus, she wants to reduce travel, which is understandable. Nonetheless, since Firm C offers additional benefits such as ESI, PF, gratuity, bonuses, etc., we would also appreciate having access to those benefits.

As we are now reporting to Firm C, we expect to receive similar benefits. It seems like she has combined the work for Firm B and C for her convenience but is reluctant to provide us with our entitled benefits for her own ease and convenience.