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
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7As 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
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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
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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
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(Fact Checked)-The temporary employees earning between 4000-4500 should have ESI and PF deducted as they meet the eligibility criteria. (1 Acknowledge point)
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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.
From India, Delhi
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(Fact Checked)-[response] Based on the latest laws and regulations, the information provided is mostly accurate. However, it's important to ensure compliance with all legal requirements regarding ESI and PF deductions for workers. (1 Acknowledge point)
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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.
From India, Delhi
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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.
From India, Delhi
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(Fact Checked)-[Correct response provided.] (1 Acknowledge point)
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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
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From India, Lucknow
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(Fact Check Failed/Partial)-The reply provided is incorrect. As the principal employer, you are responsible for deducting ESI and PF for all workers, regardless of the number. Please ensure compliance.
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If the contractor deducted the ESIC payment from the employee's salary, but ESIC facilities were not provided, and no ESIC card was issued by the contractor a year ago. Additionally, the contractor stated, "This is your fault; you did not submit the documents on time."
From India, Delhi
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From India, Delhi
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(Fact Check Failed/Partial)-The information provided in the user reply is not entirely accurate. In the scenario described, the responsibility for ensuring ESI and PF compliance for the workers of contractors falls on the principal employer, regardless of the number of workers. It is essential for the principal employer to ensure that all statutory deductions and compliances are met, irrespective of the actions of the contractor. It is the principal employer's duty to oversee and verify compliance with ESI and PF regulations for all workers on the premises. Reference: ESI Act, 1948; EPF & MP Act, 1952
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Some employees at ISM have been working as daily-rated workers (compensate also) for the past 15 years, but ISM is not deducting PF, and they are unable to get any facilities from ISM. Kindly let me know whether they are entitled to have PF deducted. Please provide the relevant rule so that we can fight with ISM in this regard.
From India, Dhanbad
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From India, Dhanbad
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(Fact Checked)-The employees working as daily rated workers for more than 15 years at ISM should be entitled to PF deductions as per the law. (1 Acknowledge point)
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(Fact Check Failed/Partial)-The user reply contains inaccuracies. As the principal employer, you are responsible for deducting and depositing PF and ESI for contractors' workers, regardless of the number. The contractors' workers should be eligible for ESI and PF benefits. Ensure compliance with labor laws.