Dear Mr. essykkr.
As a principle Employer we are deducting the PF & ESI of daily wages worker. Are they able to get the benefit for the same? Suppose we hire a daily wages worker for clean on every Sunday and we are deducting the PF & ESI for a same worker or different worker, are they able to get ESI card or PF deducted amount.
Plz guide.
Thanks in Advance
Rashmi
From India, Lucknow
5As a principle Employer we are deducting the PF & ESI of daily wages worker. Are they able to get the benefit for the same? Suppose we hire a daily wages worker for clean on every Sunday and we are deducting the PF & ESI for a same worker or different worker, are they able to get ESI card or PF deducted amount.
Plz guide.
Thanks in Advance
Rashmi
From India, Lucknow
Dear hr team,
what about the temporrary employees. we are in service industry. we are having 4 office boys who are comming under temporray employees. i want to know whether we should deduct ESIC & PF (ALL these employees are getting salary 4000-4500)
regards
JANHAVI
From India, Mumbai
what about the temporrary employees. we are in service industry. we are having 4 office boys who are comming under temporray employees. i want to know whether we should deduct ESIC & PF (ALL these employees are getting salary 4000-4500)
regards
JANHAVI
From India, Mumbai
Dear Rashmi,
this depend on your work arrangment.
Firstly, Suppose you have hired service of such cleaning worker from any agency or contractor for every sunday on regulary basis, and if the agency have their own ESI/PF code and contribution is being paid regularly then he shall being provided I.P number/TC card/smart card under Esic. PF account no under PF Act. in such situation he will be able to get all benefit under ESIC and will able to withdraw his PF amount.
Secondly, if you hired service of such cleaning worker by your own on regulary basis, then he will be covered and contribution of ESI and PF both is payable by you. you should have all personal detail of the worker or ask. simply if you are paying contribution certainly you should have the personal details of such workers (Already been held by Supreme Court in number of Case that it is the duty of employer to have all detail of employees). on basis of personal details, you will issue I.P number and TC/Smart Card then definitely will be able to get all benefit.and able to withdraw his PF amount.
thirdly, if such workers is not regular worker, if he is a freelancer then he will not be coverable, because on next sunday you will ask for another engaged other worker,he will clean and go on. Such freelancer will not be the employee as held in case of Modern Equipment Co V/s ESIC 1984 LLN 960.
in case of third part these are the loophole in both ESI Act and PF Act becasue both stress that even a person work for a single day then still he will be covergeable. but in such cases employer don't have particulars of such workers but if in your bill of accounts, you show such charges as labour charges then at time of inspection both authorities ESI & PF press, employer for the contribution which parctically seems to be odd because in such way this amount goes Govt exchquer not to workers.
Hope it satisfy your query.
Dear Rashmi,
this depend on your work arrangment.
Firstly, Suppose you have hired service of such cleaning worker from any agency or contractor for every sunday on regulary basis, and if the agency have their own ESI/PF code and contribution is being paid regularly then he shall being provided I.P number/TC card/smart card under Esic. PF account no under PF Act. in such situation he will be able to get all benefit under ESIC and will able to withdraw his PF amount.
Secondly you hired service of such cleaning worker by your own on regulary basis, then he will be covered and contribution of ESI and PF both is payable by you. you should have all personal detail of the worker or ask. simply if you are paying contribution certainly you should have the personal details of such workers (Already been held by Supreme Court in number of Case that it the duty of employer to have all detail of employees). You will issue I.P number and TC/Smart Card then definitely worker will be able to get all benefit.and able to withdraw his PF amount.
thirdly, if such workers is not regular worker, if he is a freelancer then he will not be coverable, because on next sunday you will ask for another engaged other worker,he will clean and go on. Such freelancer will not be the employee as held in case of Modern Equipment Co V/s ESIC 1984 LLN 960
in case of third part these are the loophole in both ESI Act and PF Act becasue both stress that even a person work for a single day then still he will be covergeable. but in such cases employer don't have particulars of such workers but in your bill of accounts, you show such charges as labour charges then both authorities press, employer for the contribution which parctically seems to be odd because in such way this amount goes Govt exchquer not to workers.
this depend on your work arrangment.
Firstly, Suppose you have hired service of such cleaning worker from any agency or contractor for every sunday on regulary basis, and if the agency have their own ESI/PF code and contribution is being paid regularly then he shall being provided I.P number/TC card/smart card under Esic. PF account no under PF Act. in such situation he will be able to get all benefit under ESIC and will able to withdraw his PF amount.
Secondly you hired service of such cleaning worker by your own on regulary basis, then he will be covered and contribution of ESI and PF both is payable by you. you should have all personal detail of the worker or ask. simply if you are paying contribution certainly you should have the personal details of such workers (Already been held by Supreme Court in number of Case that it the duty of employer to have all detail of employees). You will issue I.P number and TC/Smart Card then definitely worker will be able to get all benefit.and able to withdraw his PF amount.
thirdly, if such workers is not regular worker, if he is a freelancer then he will not be coverable, because on next sunday you will ask for another engaged other worker,he will clean and go on. Such freelancer will not be the employee as held in case of Modern Equipment Co V/s ESIC 1984 LLN 960
in case of third part these are the loophole in both ESI Act and PF Act becasue both stress that even a person work for a single day then still he will be covergeable. but in such cases employer don't have particulars of such workers but in your bill of accounts, you show such charges as labour charges then both authorities press, employer for the contribution which parctically seems to be odd because in such way this amount goes Govt exchquer not to workers.
Dear essykkr, Thanks for such a wounder-full reply i think the reply not only help me but all who are really confuse about the PF & ESI deduction for Contract Labour & Freelancer. Regards Rashmi
From India, Lucknow
From India, Lucknow
If Contractor deducted the ESIC payment from the employees salary, but ESIC facilitate not provided, after 1 year ago no ESIC card issue by the contractor, also he said, this is your fault, you not submitted the document to the time
From India, Delhi
From India, Delhi
At ism some employee are working as daily rated worker(componsonate also) from last 15 years but ISM is not deducting PF or they are unable to get any facility from ISM. Kindly let me know whether they are entitled to deduct PF? Please provide relevant rule thus we can fight with ISM in this regard.
From India, Dhanbad
From India, Dhanbad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
PF & ESI.zip
Presentation PF&ESI.ppt
Exp.and esi pf mis format.xls