Dear Swaminathan,
Do u think it is logical ? or correct , when a person is getting Rs.12000/- p.m. then how his basic comes down to about 20 percent? and how could PF authority agree for this unfair practice ? especially when they are insisting for minimum wages.
So, do not try to deceive urself, but be a confident about the corners of law.
Hope u will understood what i meant,
Regards,
KIRAN KALE
From India, Kolhapur
11Do u think it is logical ? or correct , when a person is getting Rs.12000/- p.m. then how his basic comes down to about 20 percent? and how could PF authority agree for this unfair practice ? especially when they are insisting for minimum wages.
So, do not try to deceive urself, but be a confident about the corners of law.
Hope u will understood what i meant,
Regards,
KIRAN KALE
From India, Kolhapur
A sub contractor with less than 20 employees is not required to register for ESI & PF. What would be the liability of the Contractor here?
From India, Madras
From India, Madras
Dear All
As per ESI Circular the following types of Outsourcing Contracts are recognized It categorizes the outsourcing, process and calls outsourcing in a simple term of “Job work”:
(a) The Jobwork done inside the factory/establishment premises through Contractors/Immediate Employers having independent ESIC Code Nos.
(b) Jobwork done inside the factory premises through Contractors/Immediate Employers not having independent ESIC Code Nos.
(c) Jobwork done outside the factory/establishment premises through factories/establishments which are having independent Code Nos.:
(d) Jobwork done outside the factory/establishment premises through factories/establishments which are not having independent Code Nos but the supervision being exercised by the Principal Employer
(e) Jobwork done outside the factory premises through units engaging less than 10/20 employees but working exclusively for the Principal Employer
(f) Jobwork done outside the factory/establishment premises through factory/establishment engaging less than 10/20 employees which are not independently coverable, and where no supervision is exercised and who are undertaking the work for more than one employer
(g) Jobwork done outside the factory premises through Contractors/Immediate Employers who perform the work through Home workers or works in non-implemented areas
The above will decide the liability of Statutories.
With regards
V.Sounder Rajan
Advocates & Notaries & Legal Consultants
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
For downloading the circular pls see page 4 of https://www.citehr.com/285737-legal-...#ixzz18pbJ3Vfi
From India, Bangalore
As per ESI Circular the following types of Outsourcing Contracts are recognized It categorizes the outsourcing, process and calls outsourcing in a simple term of “Job work”:
(a) The Jobwork done inside the factory/establishment premises through Contractors/Immediate Employers having independent ESIC Code Nos.
(b) Jobwork done inside the factory premises through Contractors/Immediate Employers not having independent ESIC Code Nos.
(c) Jobwork done outside the factory/establishment premises through factories/establishments which are having independent Code Nos.:
(d) Jobwork done outside the factory/establishment premises through factories/establishments which are not having independent Code Nos but the supervision being exercised by the Principal Employer
(e) Jobwork done outside the factory premises through units engaging less than 10/20 employees but working exclusively for the Principal Employer
(f) Jobwork done outside the factory/establishment premises through factory/establishment engaging less than 10/20 employees which are not independently coverable, and where no supervision is exercised and who are undertaking the work for more than one employer
(g) Jobwork done outside the factory premises through Contractors/Immediate Employers who perform the work through Home workers or works in non-implemented areas
The above will decide the liability of Statutories.
With regards
V.Sounder Rajan
Advocates & Notaries & Legal Consultants
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
For downloading the circular pls see page 4 of https://www.citehr.com/285737-legal-...#ixzz18pbJ3Vfi
From India, Bangalore
Dear frnds,
I would like to disagree ...as per section 40 of the ESI Act;
"Principal employer to pay contributions in the first instance. — (1) The principal employer shall pay in respect of every employee, whether directly employed by him or by or through an immediate employer, both the employer’s contribution and the employee’s contribution."
where does the responsibility of contractor arises...Only Liability for the contractor is maintaining Register of Employees in Form-6. PE has the right to deduct the amount so paid from the bill to the contractor(Sec 41).
PF is well controversial....I would say if the contractor has an independent code No payment is required ( Delhi HC has given an interesting decision to this effect..its worth a glance)
From India, Jamshedpur
I would like to disagree ...as per section 40 of the ESI Act;
"Principal employer to pay contributions in the first instance. — (1) The principal employer shall pay in respect of every employee, whether directly employed by him or by or through an immediate employer, both the employer’s contribution and the employee’s contribution."
where does the responsibility of contractor arises...Only Liability for the contractor is maintaining Register of Employees in Form-6. PE has the right to deduct the amount so paid from the bill to the contractor(Sec 41).
PF is well controversial....I would say if the contractor has an independent code No payment is required ( Delhi HC has given an interesting decision to this effect..its worth a glance)
From India, Jamshedpur
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Contract employee & Principal employer 2017.pdf
NOTE ON PRINCIPAL EMPLOYER TO ENGAGE CONTRACT LABOUR.pptx