laxman k.
2

dear seniors,
Very often jobs of temporary nature are being carried out within the premises of factory.e.x. painting, demolition/errection of retaining wall
The activities when not connected/not conected to the production directly or indirectly do we need to deduct any amount towards provident fund and esi ?
( for above querry the reply received thr. RTI from Goa PF Office is " Under the RTI Act only available information can be provided but not to how and why in respect of hypothetical situation")
May request you to help me in providing proper guidance in this regard.
lkambli

From India, Chicalim
Anurag Jain
34

Yes, during the inspections under ESIC, the inspector usually traceout these kind of payments and impose the demand of ESI for deposit. Reason behind that even the casual labour shall also be covered under the insurance coverage through the ESIC. Similiarly, for the PF.
Where the work done through the contractor's labour for which the payment done to the contractor; ensure that the contractor having the license under the contractor labour act and deducting PF and ESI from the labour wages payment and depositing the amount along with his own contribution.
Therefore, it doesn't matters that the workers are there temporarily or on contract; they fall within the purview of law and governed by law.

From India, Jaipur
laxman k.
2

Thank you sir,
I had attached the reply received thr. RTI from the provident fund official. The answer to the query was not clear fron department as you said clearly.The department cannot give clear cut answer.
May I request for reference in support.
As far as ESI is concern i agree with you, because it takes care of the employee by way of insurance. My next query is that I engage a person/ hamali for loading of some material.He is not a regular employee and is not registered under the esi.He meets with an accident while performing the given job and causes injury. what benefits the halami will be entitled to?
Kindly help me to gain some valuation information on this.
lkambli

From India, Chicalim
Anurag Jain
34

Mr. Kambli,
The benefits e.g insurance and treatment may be there provided the ESI have been paid on such wages and the event shall also be taken place in the wages period. Employer shall take the cognizance of the fact and file an application in ESIC for the worker for which the ESI so paid.

From India, Jaipur
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