Respected Seniors,
I am pioneer in Human resource management.
Please guide on "If the a company appoint a Canteen Contractor in his premises, is the casual employees of Canteen Contractor comes under statutory compliance viz.pf,esi,? If yes,How,because The company paying for Food or Plate charges? Then how to maintain their attendance etc.? .
From India, Madurai
1I am pioneer in Human resource management.
Please guide on "If the a company appoint a Canteen Contractor in his premises, is the casual employees of Canteen Contractor comes under statutory compliance viz.pf,esi,? If yes,How,because The company paying for Food or Plate charges? Then how to maintain their attendance etc.? .
From India, Madurai
1. Sir, the canteen employees engaged through contractor are coverable under EPF & MP Act as well as under ESI Act, 1948. The compliance is to be made on the basis of records of payment of wages and attendance as maintained by the said contractor in the normal course of his business/work. The inspecting authorities under above Acts as and when inspection is conducted will also demand production of records of the canteen contractor and show the compliance in respect of said contractor employees.
2. In case, compliance is not found made to the satisfaction of authorities, the competent authorities can claim contribution on adhoc basis as per information available with them. For non-production of records and non-compliance of any category of employees, prosecution can also be launched under provisions of said Act(s).
From India, Noida
2. In case, compliance is not found made to the satisfaction of authorities, the competent authorities can claim contribution on adhoc basis as per information available with them. For non-production of records and non-compliance of any category of employees, prosecution can also be launched under provisions of said Act(s).
From India, Noida
I am curious. What makes you a pioneer ?
Please read the contract labour act. The definition of contract labour is any person who is working on your premises because you have an agreement with his direct employer to deliver some result. So the canteen workers are contractors and all regulations apply.
So it does not matter how the contract amount is computed. You are still liable to ensure his workers are paid minimum wages, overtime if necessary, all statutory dies are deposited with the government and that they are working normal shift hours and get proper paid leave as provided in the relevant legislation.
From India, Mumbai
Please read the contract labour act. The definition of contract labour is any person who is working on your premises because you have an agreement with his direct employer to deliver some result. So the canteen workers are contractors and all regulations apply.
So it does not matter how the contract amount is computed. You are still liable to ensure his workers are paid minimum wages, overtime if necessary, all statutory dies are deposited with the government and that they are working normal shift hours and get proper paid leave as provided in the relevant legislation.
From India, Mumbai
Dear friend,
I am accountant working as an accountant and my work is to issue work order for sub-contractors . So , what i will suggest you is to mention below line on your work order for "
is the casual employees of Canteen Contractor comes under statutory compliance viz.pf,esi," ---You will follow all the labour laws and other local laws and will obtain a License. You will Pay P.F/ESI  as applicable for the employee deployed by you. We are in no case responsible for any such payment. Alternatively BSC-C&C’JV’ will deduct P.F .25%.
--- Or --- You will follow all the labour laws and other local laws and will obtain a License. You will Pay P.F/ESI  as applicable for the employee deployed by you. We are in no case responsible for any such payment. Alternatively Company’ will deduct P.F .25%.
Hope that it will help you.
Thank you :)
From India, Bangalore
I am accountant working as an accountant and my work is to issue work order for sub-contractors . So , what i will suggest you is to mention below line on your work order for "
is the casual employees of Canteen Contractor comes under statutory compliance viz.pf,esi," ---You will follow all the labour laws and other local laws and will obtain a License. You will Pay P.F/ESI  as applicable for the employee deployed by you. We are in no case responsible for any such payment. Alternatively BSC-C&C’JV’ will deduct P.F .25%.
--- Or --- You will follow all the labour laws and other local laws and will obtain a License. You will Pay P.F/ESI  as applicable for the employee deployed by you. We are in no case responsible for any such payment. Alternatively Company’ will deduct P.F .25%.
Hope that it will help you.
Thank you :)
From India, Bangalore
Writing any such nought in the contract is nothing but a measure to protect your own backside.
In law, this will make very little difference. You are still liable to ensure compliance and this does not absolve you of your requirements. The law, anyway, allows you to recover such cost as a debt. But you're likely horde of having done that is minimal.
So, while writing this is a good idea from the legal point of view of fighting against your contract in a court of law, in reality, it does nothing. You will need to was still monitor the compliance and ensure that it is done.
From India, Mumbai
In law, this will make very little difference. You are still liable to ensure compliance and this does not absolve you of your requirements. The law, anyway, allows you to recover such cost as a debt. But you're likely horde of having done that is minimal.
So, while writing this is a good idea from the legal point of view of fighting against your contract in a court of law, in reality, it does nothing. You will need to was still monitor the compliance and ensure that it is done.
From India, Mumbai
Dear All, Thank you for your comments....!!! Kindly advice the calculation of Annual Return Form of Contract Labour Form No.XXV to be filled by Principal employer. Thanking you in anticipation....
From India, Madurai
From India, Madurai
hello sir, please send me details how do we will start canteen facility to our company ?as i ma new here as a HR assit
plz send me total details of appointment of canteen contracter and his pay?
send all details to:jayjadhav77@gmail.com and to indias best HR site.the one n only www.citehr.com
thanks and regards,
jay
From India, New%20Delhi
plz send me total details of appointment of canteen contracter and his pay?
send all details to:jayjadhav77@gmail.com and to indias best HR site.the one n only www.citehr.com
thanks and regards,
jay
From India, New%20Delhi
Dear Jay,
Herewith attaching a summary for appointment of canteen contractor as per Govt.Process,being pvt. may be you need not follow some process choose as per your requirement. If suites your need can send you other formats.
Best Luck for fruitful career.....!!!!
Regards,
From India, Madurai
Herewith attaching a summary for appointment of canteen contractor as per Govt.Process,being pvt. may be you need not follow some process choose as per your requirement. If suites your need can send you other formats.
Best Luck for fruitful career.....!!!!
Regards,
From India, Madurai
Sir,
1, It appears that the contractor is functioning from his house and not in the premises of the employer. The employer buys food items or plates from the contractor. If the food items are served by the contractor in the employer's premises, the employer must comply with the PF, ESI and other legal requirements.
If the employer is a factory which minimum wages of the Scheduled employments have to be paid by the Contractor.
minimum wages applicable to the employees of the factory? or Minimum wages applicable to Shops and Establishment Act, or Hotels and Restaurants.
2. If the food items are bought by the employer or his staff and distributed by the employer himself, will not be a different situation?
From India, Mumbai
1, It appears that the contractor is functioning from his house and not in the premises of the employer. The employer buys food items or plates from the contractor. If the food items are served by the contractor in the employer's premises, the employer must comply with the PF, ESI and other legal requirements.
If the employer is a factory which minimum wages of the Scheduled employments have to be paid by the Contractor.
minimum wages applicable to the employees of the factory? or Minimum wages applicable to Shops and Establishment Act, or Hotels and Restaurants.
2. If the food items are bought by the employer or his staff and distributed by the employer himself, will not be a different situation?
From India, Mumbai
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip