Whether Contractual Workman can claim for regularization on the basis if his PF and ESI is deposited in principal employer account.
From India, Mumbai
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7From India, Mumbai
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Section 8A of the EPF Act - Recovery of moneys by employers and contractors:
(1) The amount of contribution (that is to say, the employer's contribution as well as the employee's contribution in pursuance of any Scheme and the employer's contribution in pursuance of the Insurance Scheme); and any charges for meeting the cost of administering the Fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. It is a provision to pay and recover. So when there is no recovery from the Contractor, they may claim for direct employment. This needs to be seen.
V.Sounder Rajan HR & Employment Law Attorney Specializing in Recruiting and Contract Staffing Industry M: 98401-42164
From India, Chennai
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(1) The amount of contribution (that is to say, the employer's contribution as well as the employee's contribution in pursuance of any Scheme and the employer's contribution in pursuance of the Insurance Scheme); and any charges for meeting the cost of administering the Fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. It is a provision to pay and recover. So when there is no recovery from the Contractor, they may claim for direct employment. This needs to be seen.
V.Sounder Rajan HR & Employment Law Attorney Specializing in Recruiting and Contract Staffing Industry M: 98401-42164
From India, Chennai
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PF & ESI.zip
Presentation PF&ESI.ppt
Exp.and esi pf mis format.xls