We hired a man power supplier for our manufacturing unit (Contract Labour act) and he is supplying skilled and un skilled labour to our manufacturing unit, we are paying wages with PF, ESI, S charges and GST for unskilled labour and who were above 22000/- salary (Skilled) we are not paying PF & ESI is it right or any thing we can ensure in this case pls suggest and we ensuring that contractor is paying professional tax as per Telangana state slabs.
From India, Hyderabad
we hired a man power supplier for our manufacturing unit (Contract Labour act) and he is supplying skilled and un skilled labour to our manufacturing unit, we are paying wages with PF,ESI,S charges and GST for unskilled labour and who were above 22000/- salary (Skilled) we are not paying PF & ESI is it right or any thing we can ensure in this case pls suggest and we ensuring that contractor is paying professional tax as per telangans state slabs
From India, Hyderabad
As the Principal Employer under the Provisions of the C L (R&A) Act 1970 and amendemnts, it is your Legal Accontability to ensure that the Contractor (or any Sub-Contractors enaged by the Former) 100/% Complies with all the Employment-related Laws and Regularly Files the "Returns"
Failing which your Employer (Principal Employer) shall attarct Stiff Penalties, Dent to your Reputation, Prosecution etc
Among other Compliances, please Ensure that your Employer/ Management Has Already Complied with the SHWW (P, P & R) Act 2013 Which Came into Force on & from 9 Dec 2013 and covers/ applies to / Govern Every Employer of Every Workplace in India and There is No Exemption, whatsoever.
Non-Compliance with aforesaid Act 2013 invokes / attrracts Stiff Penalties for
1. the Employer (Occupier or Manager who has the ultimate control over the affairs of the Establishment --Industrial or Commercial etc)-;
2. TheBorad of Directors of a Company;
3. Head of Institution like Educational, Health, Medical, Sports etc who obtained
Permission /Certificate/Licence for coomencement of their line of Business Oprns/Activity;
4. Any Person Responsible for Management, Supervision and Control of the Workplace etc
Penalties include:
i) Fine;
ii) Cancellation of Business License, Permission, Certificate etc;
iii) Imprisonment, Prosecution etc
Hence, Immediately Comply with
a) Section-4 ( Constitution of Internal Committee as Prescribed; AND
b) Section-19 titled "Duties of Employer; and
c) Section-21 ( Manadtaory Annual Report to be prepared by IC and Filed under the Signature of
the IC Presiding Officer, before the respective District Officer so designated for each District in
India; and
d) Section-22 ( Employer to incorporate the Data/Details of the copy of Annual Report of the IC
Presiding Officer in the Company's Annual Report filed before the ROC;
The Presiding Officer of Every Internal Committee is Legally Responsible to File their Annual Report for Each Calendar year beginning Calendar Year 2013, Onwards. Failure to do so amounts to Violation/Breach of the Laws applicable.
Also take Action to ensure that the Recent Amenedment to the "Companies (Acocunts) Rules 2014 gazetted on 31.7 2018 has been Coplied with faithfully and properly.
Kritarth Team of Spl Educators Provide Ultimate Quality Services at the Loweyt Possible Fees (Costs).
Kritarth Team,
29 Dec 2018

From India, Delhi
Dear Kiran,
As long as the salary/wages of your contract labor remain above the ceiling prescribed under the EPF and ESI Acts respectively, you need not bother about subscriptions under the Acts.
Coverage of the Acts are only in respect of establishments and employees employed therein only with the salary falling within the prescribed limits either directly or through any agency. One need not take into consideration of their employment classification.

From India, Salem
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