What is this contract for, if it is only for availing the services of the driver (vehicle and all other expenses provided by the factory), then definitely yes and the factory is responsible for due compliance as per the EPF Act 1952. In case there is a complete contract, the driver comes with the vehicle and is paid a lump sum amount to defray all the expenses in providing that service, then the PF liability won't lie with the factory. You may decide the matter on the above ratio.
From India, Mumbai
1422From India, Mumbai
I will defer slightly from the above.
Even if the vehicle owner is paid a lumpsum amount for the vehicle rent and the driver salary, the driver is a contract worker and therefore the plant will be liable to ensure that the driver gets minimum wages and all statutory dues. If the driver is not paid PF by the contractor, the company will be liable to pay the same
From India, Mumbai
Even if the vehicle owner is paid a lumpsum amount for the vehicle rent and the driver salary, the driver is a contract worker and therefore the plant will be liable to ensure that the driver gets minimum wages and all statutory dues. If the driver is not paid PF by the contractor, the company will be liable to pay the same
From India, Mumbai
If the vehicle is not owned or even possessed by the company under a lease agreement with one one else but the driver and the vehicle are hired, we will be making payment as if we are hiring a taxi. Then how can we ensure that the driver is paid salary in time and as per law? If so we will have to ensure whether all others connected with the vehicle like fitters, cleaners etc are paid salary. Therefore, if we are using the service of driver and vehicle in consideration for a fee/ price per kilometer run there is no employer employee relationship and hence we are not principal employer. This is purely a contract FOR service. But when we get the service of a driver through a service provider and is paid for that through that service provider certainly we have to ensure that the driver is paid wages and other dues in time. In the former case we take or purchase the service as a whole and in that we do not take care of filling fuels or servicing the vehicle but in the latter case we will be filling the fuel, we will take care of the maintenance of the vehicle and instead of having our own driver engages some one from outside to drive the vehicle.
From India, Kannur
From India, Kannur
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