Housekeeping staff already full time employee in another company

I want to know treatment of houskeeping staff salary who is already a full time employee in another company where his ESI+EPF is being deducted.
Once does hourly basis(he works as SBI ATM guard) and another fixed Rs. 4000/pm who works as govt hospital cleaner

It is clear both don't count as my staff. However I don't deduct any ESI+PF from them.

Is it correct?

In this type of situation to my opinion , the employee should be engaged through one contractor who will comply PF, ESI etc.

Direct appointment will create problem in future.

S K Bandyopadhyay (WB, Howrah )
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in

What kind of problems in the future?

@A gupta
under which category you employed him,
1.on rolll 2. contact or casual -- both being ruled out as you not deducting pf esic etc
is he on Contract --under contract act to give HK service -- then also is it legal...
also if not this case ple do share any other option as if something happened to him in your premise working mugh be big issue.....

What kind of problem in future? - Employees are engaged and paid only salary but no PF & ESI deduction - illegal. It is a situation of double employment. As one organization is already deducting PF , ESI etc., then it is not possible by another organization to deduct under same UAN - double employment.

Any authority in future may raise questions in all above issues and there is no answer.

Only if the same employee is engaged through one contractor who will comply PF, ESI etc. and engaged him in different organizations some hours in a day, then only possible. Still there will be OT issue.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in

Mr. Gupta

Please clarify whether you are the one employing him on the monthly fixed basis or hourly basis?
Are you a contractor or direct employer?

What is the salary you are paying him?

I'm a direct employer. I pay sweeper Rs. 4000/pm. He is full time private employee with govt hospital with ESI+EPF.
I pay another helper hourly basis- Rs. 100/hr who works as a security guard with SBI. He also has ESI+EPF.
Kindly now answer.

Thanks for the clarification, Mr. Gupta.

From what I read above, it is apparent to me the both of them are your staff. There is no second thought on it.
You have employed them, so they are your employees. The fact that they work part time or on hourly rate is immaterial. So you are liable to pay both PF and ESIC for them.

For PF, you need to use the same UAN as his existing one with the hospital.
For ESIC, I am not sure if you can use the same beneficiary code or need to make a new one, as I am not familiar with the ESIC procedure. You need to take help of someone for it.

This may, however, create a problem for the employees as their second job will become evident to their permanent employers as the entries will appear in the PF account. I do not know whether they are allowed under their terms of employment to do work for someone else in addition to their regular government jobs.

You, however, do not have an option not to pay the PF, ESIC if you do not want to violate the laws yourself.

Even if you were to put them though a contractor, you would still be liable if the contractor does not pay PF and ESIC