We have set helpers who will be involved in loading and unloading fruits and vegetables. Up till now, we have been paying them a normal salary as per the minimum wages act and providing all statutory benefits. Now, we are considering changing their payment structure to loading and unloading charges without any PF or ESI benefits. Is it permissible to make this change?
From India, Bengaluru
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From India, Bengaluru
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Statutory Benefits and Withdrawal Concerns
You have been paying statutory benefits like ESI and PF all these days. Now, how can you withdraw it? You should continue to pay it. If you decide to make a gross payment including PF and ESI, the risk is that at a later stage, when the enforcement officials demand that the contribution should be paid with retrospective effect, you will not be able to collect the employees' share, and the entire contributions should be borne by you. Therefore, do not go for any change in the present system.
Headload Workers and Welfare Fund
If the case is such that the headload workers are enrolled under the headload workers' welfare fund and now the Welfare Board will take care of their wages and social security contributions, then you can stop paying the ESI and EPF from your side and start paying the administration charges, which cover the social security part, at prescribed rates to the Board.
From India, Kannur
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4526You have been paying statutory benefits like ESI and PF all these days. Now, how can you withdraw it? You should continue to pay it. If you decide to make a gross payment including PF and ESI, the risk is that at a later stage, when the enforcement officials demand that the contribution should be paid with retrospective effect, you will not be able to collect the employees' share, and the entire contributions should be borne by you. Therefore, do not go for any change in the present system.
Headload Workers and Welfare Fund
If the case is such that the headload workers are enrolled under the headload workers' welfare fund and now the Welfare Board will take care of their wages and social security contributions, then you can stop paying the ESI and EPF from your side and start paying the administration charges, which cover the social security part, at prescribed rates to the Board.
From India, Kannur
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Right to payment of maternity benefits.doc