Our unit is not falling under ESIC.(though we are running small hospital and having more then 50 employee) We are employing three/four agencies/ labour contractor for doing various activity in our premises like security, house keeping etc. Whether ESIC will be applicable to them and we as a principal, need to reimburse contractor? All agencies/contractors are employing more then 20 workers in my premises. My main question is when principal is not liable for ESIC, whether contractor is liable?
From India, Mumbai
From India, Mumbai
Sir, our is mfg. company & we have regd. under ESIC. We make jobowork from outside parties which are not regd. under ESIC & some of jobwork in the factory premises which they also not having esic code. Is any liability of ESIC occur to us and what about rate for esic & its calculation ?. Secondly if we have jobwork inside/outside parties has regd. with ESIC then who will liable to pay ESIC. please confirm immediately
From India, Gurgaon
From India, Gurgaon
Aparajitha being an end to end Labour Compliance solution company with lots of experience in labour law has not put any solution to the query of
ketan!
Dear ketan, your each contractor is expected to have separate ESI registration. If not, being the principal employer, it becomes your duty to enroll the workers engaged by the contractor(s) under your own ESI rolls and contribute both the employer's share as well as the employees' shares. After that you can very well deduct the amount so contributed by you from the contractor.
Sepl:For job work done outside the premises of your factory, ESI will not apply provided the job is not supervised by you and that the job contractor is not doing the work exclusively for you. That means, if the job worker is doing the work solely for you and does not take any others work, then it will be taken as "notional extension" of factory and if so, the workers employed there will come under ESI. If the outside job contractor has separate ESI registration, then it is his headache to take care of the contributions.
If the job work is done within your factory premises, you have to pay contribution.
Regards,
Madhu.T.K
From India, Kannur
4242ketan!
Dear ketan, your each contractor is expected to have separate ESI registration. If not, being the principal employer, it becomes your duty to enroll the workers engaged by the contractor(s) under your own ESI rolls and contribute both the employer's share as well as the employees' shares. After that you can very well deduct the amount so contributed by you from the contractor.
Sepl:For job work done outside the premises of your factory, ESI will not apply provided the job is not supervised by you and that the job contractor is not doing the work exclusively for you. That means, if the job worker is doing the work solely for you and does not take any others work, then it will be taken as "notional extension" of factory and if so, the workers employed there will come under ESI. If the outside job contractor has separate ESI registration, then it is his headache to take care of the contributions.
If the job work is done within your factory premises, you have to pay contribution.
Regards,
Madhu.T.K
From India, Kannur
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Contractor's Declaration Format-Wages, ESI,EPF.xls
ESI contribution rates lowering.pdf