I want to know the treatment of housekeeping staff salary who is already a full-time employee in another company where his ESI and EPF are being deducted. One works on an hourly basis (as an SBI ATM guard), and the other receives a fixed Rs. 4000 per month for working as a government hospital cleaner.
It is clear that neither of them is considered my staff. However, I do not deduct any ESI or PF from them.
Is this correct?
From India, Meerut
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It is clear that neither of them is considered my staff. However, I do not deduct any ESI or PF from them.
Is this correct?
From India, Meerut
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In this type of situation, in my opinion, the employee should be engaged through one contractor who will comply with PF, ESI, etc. Direct appointment will create problems in the future.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531 skb@usdhrs.in
From India, New Delhi
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409S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531 skb@usdhrs.in
From India, New Delhi
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Hi,
@A Gupta,
Under which category was he employed?
1. On the payroll
2. Contact or casual - both being ruled out as you are not deducting PF, ESIC, etc.
Is he on a contract under the Contract Act to provide housekeeping services? If so, is it legal?
If this is not the case, please share any other options. If something were to happen to him while working on your premises, it could be a big issue.
From India, Mumbai
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@A Gupta,
Under which category was he employed?
1. On the payroll
2. Contact or casual - both being ruled out as you are not deducting PF, ESIC, etc.
Is he on a contract under the Contract Act to provide housekeeping services? If so, is it legal?
If this is not the case, please share any other options. If something were to happen to him while working on your premises, it could be a big issue.
From India, Mumbai
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What kind of problem in the future?
Employees are engaged and paid only a salary but no PF & ESI deduction - illegal. It is a situation of double employment. If one organization is already deducting PF, ESI, etc., then it is not possible for another organization to deduct under the same UAN - double employment.
Any authority in the future may raise questions on all of the above issues, and there are no answers.
Only if the same employee is engaged through one contractor who will comply with PF, ESI, etc. and is engaged in different organizations for some hours in a day, then it is possible. Still, there will be an OT issue.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531 skb@usdhrs.in
From India, New Delhi
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Employees are engaged and paid only a salary but no PF & ESI deduction - illegal. It is a situation of double employment. If one organization is already deducting PF, ESI, etc., then it is not possible for another organization to deduct under the same UAN - double employment.
Any authority in the future may raise questions on all of the above issues, and there are no answers.
Only if the same employee is engaged through one contractor who will comply with PF, ESI, etc. and is engaged in different organizations for some hours in a day, then it is possible. Still, there will be an OT issue.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531 skb@usdhrs.in
From India, New Delhi
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Mr. Gupta Please clarify whether you are the one employing him on the monthly fixed basis or hourly basis? Are you a contractor or direct employer? What is the salary you are paying him?
From India, Mumbai
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From India, Mumbai
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I'm a direct employer. I pay the sweeper Rs. 4000 per month. He is a full-time private employee at the government hospital with ESI and EPF. I pay another helper on an hourly basis - Rs. 100 per hour - who works as a security guard with SBI. He also has ESI and EPF.
Kindly answer now.
From India, Meerut
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Kindly answer now.
From India, Meerut
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Thanks for the clarification, Mr. Gupta.
From what I read above, it is apparent to me that both of them are your staff. There is no second thought on it. You have employed them, so they are your employees. The fact that they work part-time or on an hourly rate is immaterial. So you are liable to pay both PF and ESIC for them.
For PF, you need to use the same UAN as his existing one with the hospital. For ESIC, I am not sure if you can use the same beneficiary code or need to make a new one, as I am not familiar with the ESIC procedure. You need to take the help of someone for it.
This may, however, create a problem for the employees as their second job will become evident to their permanent employers as the entries will appear in the PF account. I do not know whether they are allowed under their terms of employment to do work for someone else in addition to their regular government jobs.
You, however, do not have an option not to pay the PF, ESIC if you do not want to violate the laws yourself.
Even if you were to put them through a contractor, you would still be liable if the contractor does not pay PF and ESIC.
From India, Mumbai
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From what I read above, it is apparent to me that both of them are your staff. There is no second thought on it. You have employed them, so they are your employees. The fact that they work part-time or on an hourly rate is immaterial. So you are liable to pay both PF and ESIC for them.
For PF, you need to use the same UAN as his existing one with the hospital. For ESIC, I am not sure if you can use the same beneficiary code or need to make a new one, as I am not familiar with the ESIC procedure. You need to take the help of someone for it.
This may, however, create a problem for the employees as their second job will become evident to their permanent employers as the entries will appear in the PF account. I do not know whether they are allowed under their terms of employment to do work for someone else in addition to their regular government jobs.
You, however, do not have an option not to pay the PF, ESIC if you do not want to violate the laws yourself.
Even if you were to put them through a contractor, you would still be liable if the contractor does not pay PF and ESIC.
From India, Mumbai
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