HR Hiral Mehta
204

Good Morning Everybody!!
In case if we hire employee’s whose salary shall be paid by a third party (say on the role of consultancy) which does not deduct ESIC for any of it's employee, how should we ensure their safety as the company is liable to pay ESIC contribution for all employees irrespective of on roll or off role.
1. How do we file ESIC for them as it would be our liability?
2. Do we need to file separate challan for such outsourced employees from that of on roll employees?
Soliciting advice.
Regards,
Hiral

From India, Ahmedabad
arnab.dasgupta1983
44

Dear Hiral,
Fundamentally its possible to make the ESIC contribution for Contract Workmen on the ESIC code of the Principal Employer.You will get the option within the ESIc Portal.
Now,Once you do so deduct the amount of ESIC contribution( Employee +Employer's Share) from the bill of the contractor and pay the party the resultant amount.
In case you opt for manpower outsourscing/Contract Staffing, you may please consider our expertise in this service.
We provide these services on pan india basis and have all the necessary statutory registration codes .
Also to state that our service offering is acclaimed for 100% adherance to statutory compliance norms.

From India, Chandigarh
jayachander s
3

Dear Mr. Hiral
Now the PF & ESI are mandatory for all companies if their total employees are more than 20 nos. you should insist your outsourcing agency to enroll PF & ESI or they should get exemption certificate from pf & esi. if they have not done you should pay with penality.
regards
Jayachander S

From India, Madras
HR Hiral Mehta
204

Dear Arnab,
Thanks for sharing the same. I'll seek your expertise when required.
Mr. Jayachander S,
I am not concern with the outsourcing agency having reg code for PF & ESIC or not. My concern is that if I hire 5 employees from such agency who does not have ESIC for the employees on their roll, the company is still liable to pay such amount - then what is the process for that..??
Regards,
Hiral

From India, Ahmedabad
vjhareesh
1

Dear Hiral
ESIC is applicable to all the staff, whose salary is below Rs. 15,000, whether it is permanent, contract, or outsourced. If the outsourced agency is not having ESIC Code number, you can't escape from the liability. The payment should be made by the consulting agency. If they are not having the Code number, you can make the payment and get it refunded.
Regards
Hareesh

From India, Kochi
HR Hiral Mehta
204

Thanks Hareesh,
In addition also, pl clarify -
1. How do we file ESIC for them as it would be our liability?
2. Do we need to file separate challan for such outsourced employees from that of on roll employees?
Regards,
Hiral

From India, Ahmedabad
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