Hello Everyone,
I'm hoping you could help me clarify the requirements for contract labor to register in India. We are a company based abroad and are looking to hire one individual on contract for services governed by another jurisdiction (outside of India). I believe that the individual needs to register with the relevant authorities to be able to work in this capacity, but the individual seems to disagree with that. Also, am I right in thinking that we do not require any registration in India as we will only have one contractor?
Any advice would be greatly appreciated. Thank you.
From Ireland, Dublin
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I'm hoping you could help me clarify the requirements for contract labor to register in India. We are a company based abroad and are looking to hire one individual on contract for services governed by another jurisdiction (outside of India). I believe that the individual needs to register with the relevant authorities to be able to work in this capacity, but the individual seems to disagree with that. Also, am I right in thinking that we do not require any registration in India as we will only have one contractor?
Any advice would be greatly appreciated. Thank you.
From Ireland, Dublin
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Dear Anonymous,
Let me first understand your query. What I understand is:
1. Your company is based abroad.
2. You wish to engage one person in India to expand your business.
3. There will be a service contract between you and that person, enforceable outside India.
4. Your question is whether this person is required to be registered as a contractor with any authority in India.
If my understanding is correct, then my answer to your query is - No.
However, keep in mind, in India, you are subject to numerous enactments at the Central, State, and Local body levels, based on various parameters. You are also subject to International Law. It is important to note that any law is subject to interpretation, depending on how you represent yourself.
If it is established that your company is conducting business in India, your company needs to be incorporated with the ROC as a foreign company registered in India, to the best of my knowledge.
I am not an expert, but I participate in this forum to enhance my knowledge. I am sure another learned member will contribute their knowledge based on my response, aligning with my objective.
Thank you.
From India, Mumbai
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2584Let me first understand your query. What I understand is:
1. Your company is based abroad.
2. You wish to engage one person in India to expand your business.
3. There will be a service contract between you and that person, enforceable outside India.
4. Your question is whether this person is required to be registered as a contractor with any authority in India.
If my understanding is correct, then my answer to your query is - No.
However, keep in mind, in India, you are subject to numerous enactments at the Central, State, and Local body levels, based on various parameters. You are also subject to International Law. It is important to note that any law is subject to interpretation, depending on how you represent yourself.
If it is established that your company is conducting business in India, your company needs to be incorporated with the ROC as a foreign company registered in India, to the best of my knowledge.
I am not an expert, but I participate in this forum to enhance my knowledge. I am sure another learned member will contribute their knowledge based on my response, aligning with my objective.
Thank you.
From India, Mumbai
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Dear Concern,
Greetings!
Can anyone confirm whether the principal employer can directly deposit the ESIC amount to the ESIC office on behalf of the contractor if the contractor is not making the deposit?
Regards,
Nair
From India, Ujjain
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Greetings!
Can anyone confirm whether the principal employer can directly deposit the ESIC amount to the ESIC office on behalf of the contractor if the contractor is not making the deposit?
Regards,
Nair
From India, Ujjain
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Dear Nair ji,
If the contractor does not have a code allotted to them, the principal employer is liable for the ESI contribution and should deposit it under their code.
If the contractor has a code allotted to them and fails to deposit the contribution, they are primarily responsible and liable. Nevertheless, the principal employer can deduct the amount from the contractor's bill and deposit it under their (PE) code.
To deposit the contribution for the contractor's laborers, the principal employer should have the details of the contractor's laborers, including insurance numbers, in cases where the laborer is registered as an IP.
From India, Mumbai
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If the contractor does not have a code allotted to them, the principal employer is liable for the ESI contribution and should deposit it under their code.
If the contractor has a code allotted to them and fails to deposit the contribution, they are primarily responsible and liable. Nevertheless, the principal employer can deduct the amount from the contractor's bill and deposit it under their (PE) code.
To deposit the contribution for the contractor's laborers, the principal employer should have the details of the contractor's laborers, including insurance numbers, in cases where the laborer is registered as an IP.
From India, Mumbai
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Thank you very much for answering my question, Korgaonkar, and just to confirm - yes, you understood the criteria of the arrangements correctly. Your help is much appreciated. Have a lovely day.
From Ireland, Dublin
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From Ireland, Dublin
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Hi everyone can any one tell that ESIC deduction applicable on overtime or incentive if yes please provide related document if any.. Regards M Nair
From India, Ujjain
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From India, Ujjain
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Dear Murali,
For your query regarding the ESIC applicability on overtime, incentive wages, appended is the link to brief you on the definition of Wages as per the ESIC Act.
[Employee's State Insurance Corporation](http://esic.nic.in/wages.php)
Rgds/ Jitender 0124-4173184
From India, New Delhi
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For your query regarding the ESIC applicability on overtime, incentive wages, appended is the link to brief you on the definition of Wages as per the ESIC Act.
[Employee's State Insurance Corporation](http://esic.nic.in/wages.php)
Rgds/ Jitender 0124-4173184
From India, New Delhi
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Dear Concern,
I would like to know what are the due dates for depositing ESIC and PF challans every month if the attendance and salary cycle is from the 21st to the 20th of every month (i.e., from 21.1.2015 to 20.02.2015). We are making the payment for the month of Jan '15, and I am curious about when it should be deposited.
Thank you.
From India, Ujjain
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I would like to know what are the due dates for depositing ESIC and PF challans every month if the attendance and salary cycle is from the 21st to the 20th of every month (i.e., from 21.1.2015 to 20.02.2015). We are making the payment for the month of Jan '15, and I am curious about when it should be deposited.
Thank you.
From India, Ujjain
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Dear Concern,
Can anyone help? I would like to know what the due dates are for the deposit of ESIC & PF challan every month if the attendance and salary cycle is from the 21st to the 20th of every month (i.e., 21.1.2015 to 20.02.2015). We are making the payment for the month of Jan '15, and I need to know when and how it is deposited.
Thank you.
From India, Ujjain
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Can anyone help? I would like to know what the due dates are for the deposit of ESIC & PF challan every month if the attendance and salary cycle is from the 21st to the 20th of every month (i.e., 21.1.2015 to 20.02.2015). We are making the payment for the month of Jan '15, and I need to know when and how it is deposited.
Thank you.
From India, Ujjain
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Labour laws compliance.doc
Compliance of labour laws.pdf