fc.vadodara@nidrahotels.com
734

Seniors Please help me Do we need to deduct ESI and PF if 10 Laborers are hired for a day to remove the waste of debris of a building, the wages are calculated as daily wages
From India, Ahmadabad
Kuljit Pal Singh
21

Dear friend,
Mere engagement of Contract Labours & engagement only for one day does not exempt the liability of Employers towards PF & ESI Act.
It is recommended to comply under the ESI Act specially the nature of work is prone to accidents.
Regards

From India, Vadodara
bharathi1990
13

I will go with kuljit.
Pf will be applicable for permanent employees and not for daily wage employees.......
But I think ESI will also does not apply..............
But in case of accident certain fixed amount should be given (it should be fixed in company policy).......
Why both not applied for them is, every day different people will be coming.
so you cannot pay these benefits for those who come for only one day......
I think you got it..........

From India, Madras
sudheerkumar.sadineni
kuljit has said correct.because in both employee provident fund and miscellaneous act and ESI act does not mention time period in the definition of either employee or employment.But they explain the nature of services (type),place of services and and control between employee and employer .
If we interpret the those provisions,then mere engagement for one day does not avoid the liability of employer to deduct pf and esi . BUT those acts should applicable to that factory or establishment or shop and in addition to that the pay to employee does not cross the RS 6500 PM.

From India, Bangalore
boss2966
1168

Obviously you will have to deduct the PF and ESI for those engaged for Debris Removal. But If you mention that the expenditure incurred for removal of Debris (will not attract any PF or ESI) instead of wages disbursed for the workmen engaged for removal of Debris, (You will have to deduct and deposit the PF & ESI), then you need not to pay.
Here the expenditure will be same but you have to obtain individual voucher sign from the workmen engaged for removal of debris and keep it separately for future reference.

From India, Kumbakonam
pramodthakar
34

Narration of the transaction does not change the situation. As far as ESI is concern, it is mandatory. For
PF as per Act liabilities are there but you can convince the authority and authority consider the fact most of the
time. But ESI authority does not.
As Kuljit Pal Singh has rightly mentioned that it is a nature of work is prone to accidents, it is always better to pay
ESI contribution time to time. So it will prove in the interest of Employer about his clear intentions and under such practices, any thing goes wrong during such type of works even for a day or some period, employers responsibility restricts.

From India, Pune
zubair_game@yahoo.com
how to calculate tds? as per my knowledge for men it is 160000 if the persons have an income of rs 300000 so shall we deduct (300000-160000) 140000 *10% +3 % edu cess so is it 14420 is it correct?
From India, Hyderabad
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