Seniors Please help me Do we need to deduct ESI and PF if 10 Laborers are hired for a day to remove the waste of debris of a building, the wages are calculated as daily wages
From India, Ahmadabad
733From India, Ahmadabad
Dear friend,
Mere engagement of Contract Labours & engagement only for one day does not exempt the liability of Employers towards PF & ESI Act.
It is recommended to comply under the ESI Act specially the nature of work is prone to accidents.
Regards
From India, Vadodara
Mere engagement of Contract Labours & engagement only for one day does not exempt the liability of Employers towards PF & ESI Act.
It is recommended to comply under the ESI Act specially the nature of work is prone to accidents.
Regards
From India, Vadodara
I will go with kuljit.
Pf will be applicable for permanent employees and not for daily wage employees.......
But I think ESI will also does not apply..............
But in case of accident certain fixed amount should be given (it should be fixed in company policy).......
Why both not applied for them is, every day different people will be coming.
so you cannot pay these benefits for those who come for only one day......
I think you got it..........
From India, Madras
Pf will be applicable for permanent employees and not for daily wage employees.......
But I think ESI will also does not apply..............
But in case of accident certain fixed amount should be given (it should be fixed in company policy).......
Why both not applied for them is, every day different people will be coming.
so you cannot pay these benefits for those who come for only one day......
I think you got it..........
From India, Madras
kuljit has said correct.because in both employee provident fund and miscellaneous act and ESI act does not mention time period in the definition of either employee or employment.But they explain the nature of services (type),place of services and and control between employee and employer .
If we interpret the those provisions,then mere engagement for one day does not avoid the liability of employer to deduct pf and esi . BUT those acts should applicable to that factory or establishment or shop and in addition to that the pay to employee does not cross the RS 6500 PM.
From India, Bangalore
If we interpret the those provisions,then mere engagement for one day does not avoid the liability of employer to deduct pf and esi . BUT those acts should applicable to that factory or establishment or shop and in addition to that the pay to employee does not cross the RS 6500 PM.
From India, Bangalore
Obviously you will have to deduct the PF and ESI for those engaged for Debris Removal. But If you mention that the expenditure incurred for removal of Debris (will not attract any PF or ESI) instead of wages disbursed for the workmen engaged for removal of Debris, (You will have to deduct and deposit the PF & ESI), then you need not to pay.
Here the expenditure will be same but you have to obtain individual voucher sign from the workmen engaged for removal of debris and keep it separately for future reference.
From India, Kumbakonam
Here the expenditure will be same but you have to obtain individual voucher sign from the workmen engaged for removal of debris and keep it separately for future reference.
From India, Kumbakonam
Narration of the transaction does not change the situation. As far as ESI is concern, it is mandatory. For
PF as per Act liabilities are there but you can convince the authority and authority consider the fact most of the
time. But ESI authority does not.
As Kuljit Pal Singh has rightly mentioned that it is a nature of work is prone to accidents, it is always better to pay
ESI contribution time to time. So it will prove in the interest of Employer about his clear intentions and under such practices, any thing goes wrong during such type of works even for a day or some period, employers responsibility restricts.
From India, Pune
PF as per Act liabilities are there but you can convince the authority and authority consider the fact most of the
time. But ESI authority does not.
As Kuljit Pal Singh has rightly mentioned that it is a nature of work is prone to accidents, it is always better to pay
ESI contribution time to time. So it will prove in the interest of Employer about his clear intentions and under such practices, any thing goes wrong during such type of works even for a day or some period, employers responsibility restricts.
From India, Pune
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