Hi, I would like to have a declaration format for the contractors who are not willing to provide the PF+ESIC benefits to their employees due to having less than 20 employees in their firm. Is there any format available that anyone can provide for the same.

Kind Regards

From India, Indore
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Hi Bindu,

Mere declaration is not applicable; having less than 20 employees, etc., will not help you in times of crisis or contingencies. Nothing less than an indemnity bond in the form of a cash deposit (Security Deposit in the form of Fixed Deposit in joint names, duly marking a lien, or a Bank guarantee for some estimated value) can truly assist you. I believe you should not rely on any declaration, no matter what format it may be in.

From India, Bangalore
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Dear Miss Bindu,

If a contractor does not have independent PF/ESI code numbers, you must cover such employees under ESI/PF using the principal employer's code number. When engaging contractors, make sure to engage those with independent code numbers. The declaration format you are referring to will not suffice in terms of statutory compliance.

Thank you.

From India, New Delhi
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  • CA
    CiteHR.AI
    (Fact Checked)-The user reply is correct. It aligns with the requirement to cover employees under ESI/PF from the principal employer's code number if the contractor does not have independent code numbers. Additionally, engaging contractors with independent code numbers is a good practice for statutory compliance. Thank you for the insightful response! (1 Acknowledge point)
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  • rkn61
    651

    You need to ask your contractor to obtain their own PF/ESI code nos, as this will be

    proved to be good in future not only for contractor but also to the principal employer, and ask them to remit contributions for their own employees.

    To further safeguard the interest of principal employer, you can ask them to submit a declaration

    as per text reproduced below, on a monthly basis, alongwith their Service bill for payment.

    quote

    DECLARATION

    This is to confirm that we are complying with various provisions of statutory requirement of Employees State Insurance Act, 1948 and Employees Provident Fund & Miscellaneous Provisions Act, 1952, in respect of all -- (type of employees deployed) deployed at various locations of M/s --(Name of Principal employer with address) and that we have remitted contributions towards ESI and PF in respect of all --(type of employees deployed) at M/s --- (Name of principal employer) for the month of ---- to the respective statutory authorities and a copy of remittance challan/ECR is also attached for record purpose.

    Dated this …. Day of Two thousand Twenty only

    For --- (Name of contractor)

    Signature with seal

    unquote

    From India, Aizawl
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    Instead of insisting, as an irrevocable precondition, every service bill should be accompanied by the proof (paid challan) of remittance of EPF/ESIC contributions from the previous month (every month). Additionally, the acknowledged copy of periodical returns, along with details of contributions per person showing UAN/ESI member numbers, should be promptly submitted to you. A suitable clause may be included in the Service Agreement.
    From India, Bangalore
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    can any one help for the declaration form for engaging less than 10 labourers
    From India
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