Hi Rachna, Please go through the answer of Mr. Raj which is very appropriate answer. It is the responsibility of principal employer to ensure the compliance. Regards Satish
From India, Baleshwar
Hi all, ESIC is must for labour covers under the law But what if the employee is not ready to undergo deduction becase i am facing the same problem in my company. Harshada
From India, Pune
Dear Rachna,
Always remember one thing that whenever a contracter is hired than as a principle contractor liability remains with you only,so you have to check wheather those statuatory compliances are complied or not but their are ways to have a way out of it.

From India, Gurgaon
Dear All,
Pls advise about ESI & PF deduction on contractors bill, in which condition we will deduct the ESI & PF and what is deduction percentage on bill amount and which case we have do not deduct the PF & ESI of contractors.
Pls tell me brief.
Rgds,
Rakesh Roshan

From India, New Delhi
Dear Rachana Gadage,
Refering to your query on PF & ESI relating to security guards out sourced by your company, you as a principal emplyer is liable under PF & ESI Act. The principal employer is not absolved from liability under these Acts if there is any failure on part of contractor( security agency company) The best option is to ensure that the contractor is complying with the provisions of PF &ESI

From India, Madras
Dear Amit Seth,
I want to know if employer recruite direct employee on fix contract rate than statutory deduction i.e. PF,ESIC are needs to deduct
But What about PT & TDS ?
We will deduct TDS U/s 192 or U/s 194C as per Income Tax Act 1961?
Because They are only fix amount and theire are no any perquisite
So, Please suggest me
Thanks in advance
Regards
Dhiraj

From India, Mumbai
it is very much your company's responsibility to ensure that ESI & PF is deposited for the Security gaurd or any other person working under any contractor in your company. If the contractors establishment are not depositing then it is very much your responsibility to pay the deposit. You do not have any escuse for the same.
Regards,
MOTHI


Hi
Im Niladri, new joinee in a company who are working with quality analising of raw material and they are hiring contrac employees from core area of all over India mostly from eastern region as per daily basis
so I cannot understand how can I deduct ESI for them
Please reply

From India, Calcutta
Dear Friend,

While engaging Security Sevices through a contractor or outsourcing agency, the employer has to make an agreement between the employer and the contractor. While entering to a contract the employer advised the contractor to produce the copies of Registration Certificates under the staturoty provisions of Contract Labour (R & A) Act - 1970, EPF Misc.Provisions Act - 1952, ESI Act - 1948 rules with in two weeks from the date of commencement of work. The contractor has also submit the copies of chalans under PF & ESI every month and maintain all statutory records and registers under the provsions of the said enactments.

If he fails to produce the above documents the principle employer is responsible to comply under the provisions of the acts and deductthe amounts of contribution under PF & ESI from his account and pay the balance amount to him. Don't engage such contractors and out sourcing agencies with out fulfilling the above norms.

In your second quiry the employer has unable to fulfil the payment of contribution under the provisions of PF & ESI Acts, he is liable to pay the conributions along with penal damages, interest and imposing penalties and prosecutions under the said acts.The amounts to be recoverd from the employer's movable and unmovable proporties and also ceise their bank account transactions by the department as a defaulter.

This is for your kind information.

Regards,

P.V.Rama Rao

From India, Hyderabad
Dear Sirs,
we employed two persons recently on fixed salary basis. this is a short time duration job. Work is Outside the factory premicess. This is for fabricaton & procurement of certain machinery.The monthly payment is made by voucher. Our factory is covered under PF & ESI.
Do we need to deduct PF & ESI for these Two persons also. As the job is purely on temperory basis, the employees are not willing to dedeuct the same. what is the alternative.
Learned freinds may please help us by giving their openion.
-RAPARLA

From India, Visakhapatnam
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