Dear Kannan,
Please read the contents of my response carefully. I have only advised that certain formalities are obligatory on part of the Employer and the Contractor under the relevant law.
I have only stated that in case of an Industrial Dispute the Principal Employer will be on the defensive.
It is therefore necessary to complete the required documentation properly (this is not done most often).
Best Wishes,
Vasant Nair
From India, Mumbai
90Please read the contents of my response carefully. I have only advised that certain formalities are obligatory on part of the Employer and the Contractor under the relevant law.
I have only stated that in case of an Industrial Dispute the Principal Employer will be on the defensive.
It is therefore necessary to complete the required documentation properly (this is not done most often).
Best Wishes,
Vasant Nair
From India, Mumbai
Dear Satish,
Please read my posts carefully. I have nowhere made any suggestions as inferred by you.
I am also not offering any advice to escape statutory obligations.
I am only trying to highlight some basic facts:
Complying with the requirements of the Contract Labour (Abolition & Regulation) Act is the first necessary step.
All employees hired through the contractor are HIS employees.
The Contractor as the immediate employer is obliged to maintain all required records under various applicable Labour Laws in respect of all his employees.
Therefore all applicable statutory obligations have to be complied with by him (the Contractor).
Likewise, the Company as the Principal Employer also has certain obligations to ensure that the Contractor actually complies with all applicable statutory obligations from which, there is no escape.
In case of any default/violation, the Principal Employer is held responsible.
It is for the Company's management to decide upon the course of action they would like to adopt.
Best Wishes,
Vasant Nair
From India, Mumbai
Please read my posts carefully. I have nowhere made any suggestions as inferred by you.
I am also not offering any advice to escape statutory obligations.
I am only trying to highlight some basic facts:
Complying with the requirements of the Contract Labour (Abolition & Regulation) Act is the first necessary step.
All employees hired through the contractor are HIS employees.
The Contractor as the immediate employer is obliged to maintain all required records under various applicable Labour Laws in respect of all his employees.
Therefore all applicable statutory obligations have to be complied with by him (the Contractor).
Likewise, the Company as the Principal Employer also has certain obligations to ensure that the Contractor actually complies with all applicable statutory obligations from which, there is no escape.
In case of any default/violation, the Principal Employer is held responsible.
It is for the Company's management to decide upon the course of action they would like to adopt.
Best Wishes,
Vasant Nair
From India, Mumbai
Friends,
We are an architectural/interior designing firm based in Mumbai & executing Interior projects on turnkey basis. Our technical staff strength is 6 nos along with 2 partners.
Are we eligible for ESIC deductions by our clients,especially when we sub-contract the works to different vendor/subcontractor & do not have any labour under our payroll.
Can we forward our subcontractors PF number to avail exemption from the deductions?
Our subcontractor is eligible for PF & not ESIC as he has less than 20 employees under his payroll too.
Your feedback here will be highly appreciated.
Kind regards,
Rohan Kowli
Managing Partner
K+A Urban Fourth
From India, Mumbai
We are an architectural/interior designing firm based in Mumbai & executing Interior projects on turnkey basis. Our technical staff strength is 6 nos along with 2 partners.
Are we eligible for ESIC deductions by our clients,especially when we sub-contract the works to different vendor/subcontractor & do not have any labour under our payroll.
Can we forward our subcontractors PF number to avail exemption from the deductions?
Our subcontractor is eligible for PF & not ESIC as he has less than 20 employees under his payroll too.
Your feedback here will be highly appreciated.
Kind regards,
Rohan Kowli
Managing Partner
K+A Urban Fourth
From India, Mumbai
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E compliance.pdf
Statutory Compliance of a Industrial or Commercial Unit.xls