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girish.musale
Dear HR Guru's,
I wanted to have Information/scan copy/ soft copy of the rule which states that the contribution of PF amount is the reesponcibility of the principal empolyer if the contractor is not doing that activity. i know that as per Minimum wages act it is prime rescponcibility of principal empolyer to give CL salary & deduct it from contractor's payment, but i wanted know about PF & legal related complianses.
Regards,
Girish Musale
8983798799

From Spain
kvjraghunath
42

Dear Girish Musale

Whether the principal employer will be liable for the payment of contribution in regard to the employees engaged by a contractor?

The workers employed through a contractor are the 'employees' under the E.P.F. Act and the principal employer is res*ponsible for contribution of provident fund in regard to such employees. The employees engaged by the contractor in connection with the work of the principal employer will be employees as defined under the E.P.F. and Miscellaneous Provisions Act.

References case laws:

Malwa Vanaspati and Chemical Co. Ltd. vs. Regional Provident Fund Commissioner, Indore and others, 1976-1 LLN 148 (M.P.HC); 1976 Lab. LJ 299

G.V.V. Swamy vs. Regional Provident Fund Commissioner and another, 1987 Lab. IC 719; 1987 (I) LLN 94; 1986 Andh. LT 653.

Source : The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952: EXPECTS CLARIFICATIONS WITH CASE LAWS REFERENCE

KVJ Raghunath
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From India, Vijayawada
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