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Issue Of Non Depositing Pf-esi Cont By The Contractor - CiteHR

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Saptarshi
4

please suggest the best measure in the following scenario;
in our factory there are around 50 no. of contractors who has to comply with different statutory provisions including PF & ESI. we as PE ensure that contractors deposit pf and esi within time else we pursue on regular basis till they comply however few contractors remain defaulters on the ground of non depositing pf, esi for around 3-4 months though the no. is very less as around 5-6. we are on hold of all their pending bills till they update status. recently management is asking whether we can calculate the liability on a/c of pf & esi and deduct the same from vendors pending bills and deposit the same with authorities. as I know, with the invention of online payment system of pf & esi and as these organisations have their own pf, esi code and thereby have individual user id & password, we as PE wont be able to deposit the pf & esi cont. in their a/cs which was earlier possible with manual system.
plz guide.
Regards,
DG

From India, Delhi
pcsmgmt
38

Dear Sir,
Principal Employer can deposit the same in his own EPF & ESIC Code
In regards to EPF we have to issue seperate EPF Nos & Seperate ECR can be uploaded on Monthly basis but further in regards to late payment Damages & Interest can be charged for the same
Same case in ESIC also Supplementary Contribution in the respective month can be entered but further in regards to late payment Damages & Interest can be charged for the same
Pls refer to the Delhi High Court Judgement in regards to responsibility of Principal Employer

From India, Pune
Attached Files (Download Requires Membership)
File Type: pdf Principal employer liable if contractor fails to pay wages to workers Delhi High Court Judgement.pdf (330.0 KB, 2030 views)

siddeswaramn
3

Sir,
you can seek the help of Enforcing authoritites under these acts.
You may instruct them to deposit the contributions as per the act. If they fail to deposit, you recover the same from their future payments and also it is better to remove those contractors immediately to avoid any kind of penalty/punishment by Enforcing authorities for the principal employer.

From India, New Delhi
praveen446
129

Dear Sir,
Better to collect PF & ESIC challans along with ECR copy when they are submitting bills (Ex: - For jan bill they need to attach Dec challans and for feb month bill, they need to attach jan challans). Hope this will resolve your issue. or else don't process there bills unless and untill they submit the bills.
Best Regards
Praveen B

From India, Bangalore
vishwa.dipak
we have required license for new Automobile project like pollution, labour license, ETP/STP etc. Please share
From India, Ahmedabad
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