Dear Sarita ,
Yes if a company paying all the wages (ESI,PF,Bonus etc) to employee directely.They will know on company roll.
If you are paying all the salary bill to Contractor & contractor paying the salary & other benefit.In this case they will know the on roll of Contractor. But for any failure to maintain the legal compliance principle employer (Main Company) will be responsible.
May b your querry will answer.
Sunil Kumar Chauhan
From India, Calcutta
2Yes if a company paying all the wages (ESI,PF,Bonus etc) to employee directely.They will know on company roll.
If you are paying all the salary bill to Contractor & contractor paying the salary & other benefit.In this case they will know the on roll of Contractor. But for any failure to maintain the legal compliance principle employer (Main Company) will be responsible.
May b your querry will answer.
Sunil Kumar Chauhan
From India, Calcutta
Dear All,
Those employees are working in your company but you are showing that they are consultants and they providing their service to you and they charging the bill to you and you deducting the TDS and make the payment to them. So they are your consultant not your employee, you can not call them your employee otherwise the lobour department will catch you and charge the penalty to you.
When you have appointed any employee in your company so you have maintain their PF & ESI since these are the social security and you have to give them the social security, you can not ignore that. If you have taken those employees by your contactor so you have to see that whether your contactor has deposited their PF & ESI or not.
For contact labour you should maintain the contact labour act in your company.
ARE BHAI CONTACT EMPLOYEE TO ADMI NEHI HAI KAYA, SOCIAL SECURITY TO DENA PAREGA NEHITO KAM KAISE KAREGA.
Regards,
Dibyendu
From India, Calcutta
Those employees are working in your company but you are showing that they are consultants and they providing their service to you and they charging the bill to you and you deducting the TDS and make the payment to them. So they are your consultant not your employee, you can not call them your employee otherwise the lobour department will catch you and charge the penalty to you.
When you have appointed any employee in your company so you have maintain their PF & ESI since these are the social security and you have to give them the social security, you can not ignore that. If you have taken those employees by your contactor so you have to see that whether your contactor has deposited their PF & ESI or not.
For contact labour you should maintain the contact labour act in your company.
ARE BHAI CONTACT EMPLOYEE TO ADMI NEHI HAI KAYA, SOCIAL SECURITY TO DENA PAREGA NEHITO KAM KAISE KAREGA.
Regards,
Dibyendu
From India, Calcutta
In an establishment whether contract or regular if the total strength crosses 10 its eligible for ESI and if the total strength crosses 20 it is eligible for PF. Its a must and it is irrespective of contract or regular. If a company having their own account no. in PF and ESI and those employees whose contributions are paid under the company's PF or ESI a/c Nos. then they are regular employees. And if any employees whose wages or salaries are paid to some contractors and if the employees PF or ESI contributions are paid from contractors PF or ESI a/c no. then those employees are contract labours. For ESI there is no minimum slab for wages and Max is Rs.10,000/- for PF also there is no minimum slab for wages or salary.
For PF the Contribution to the Pension is restricted to Rs. 6,500/-of his salary.
for further clarification mail to
, Manivannan, Consultant for PF and ESI
From India, Madras
For PF the Contribution to the Pension is restricted to Rs. 6,500/-of his salary.
for further clarification mail to
From India, Madras
Dear Sarita,
On roll are those employee who are getting their salary, salary slip from the company directly and their salary details remain present with the company(called principal employee)
and on the other hand
off role- The company hire some agaency to provode the Manpower and by doing this the employees dont get their salary direct, they get their salary by the contractor.
ESI is applicable to only those employee whose gross salary is up to 10000
PF is applicable to whose basic salary is up to 6500.(not gross)
From India, Mumbai
On roll are those employee who are getting their salary, salary slip from the company directly and their salary details remain present with the company(called principal employee)
and on the other hand
off role- The company hire some agaency to provode the Manpower and by doing this the employees dont get their salary direct, they get their salary by the contractor.
ESI is applicable to only those employee whose gross salary is up to 10000
PF is applicable to whose basic salary is up to 6500.(not gross)
From India, Mumbai
Dear sarita,
On roll are those persons who are getting their salary, salary slip from the company directly and their salary details remain present with the company.
Where as In off role
The company hire some agaency or contracter to provode the Manpower and by doing this the employees dont get their salary direct, and even they dont comes under the general rules and regulations. it is the duty of contracter to deduct pf and esi.
ESI is deducted applicable to those employee whose gross salary is up to 10,000
and PF is applicable to those employee whose basic salary is up to 6500.
Plz go through out contract labour act 1970,than you will be clear about contract employee.
Contract Labour Act
From India, Mumbai
On roll are those persons who are getting their salary, salary slip from the company directly and their salary details remain present with the company.
Where as In off role
The company hire some agaency or contracter to provode the Manpower and by doing this the employees dont get their salary direct, and even they dont comes under the general rules and regulations. it is the duty of contracter to deduct pf and esi.
ESI is deducted applicable to those employee whose gross salary is up to 10,000
and PF is applicable to those employee whose basic salary is up to 6500.
Plz go through out contract labour act 1970,than you will be clear about contract employee.
Contract Labour Act
From India, Mumbai
Dear All,
I think you people are not deviating from the issue.
Contract Employees are those employees, who are hired through a contractor for non-perineal jobs, these employees are on rolls of the conmtractor and not on the principal employer. For all practical puposes they are the meployees of the contractor with whom the Principal employer has entered into a contract of supplying manpower.
For PF and ESI deduction, based on the salary structure offered to contract employees by the Contractor, contractor is liable to deduct and remitt the contribution fopr PF and ESI. Primarily this is the contractor's responsibility. But the principal employer is made liable to ensure sucgh deductions and remittances by the contractor.
Under The Contract Labour ( Regularisation and Abolition) Act, 1970, contractor is directly liable for all payments and welfare activities of the contract labours (who are his on roll employees), but at the same time principal employer (who has engaged the contractor) is indirectly liable to ensure all payments and welfare activities by the contractor, means if the contractor fails, it is the principal employer who shall be held liable.
I think this is sufficient to clarify all the doubts.
Please revert for any query.
Regards
Adv. Naveen Bhardwaj
9871158855
From India, Delhi
I think you people are not deviating from the issue.
Contract Employees are those employees, who are hired through a contractor for non-perineal jobs, these employees are on rolls of the conmtractor and not on the principal employer. For all practical puposes they are the meployees of the contractor with whom the Principal employer has entered into a contract of supplying manpower.
For PF and ESI deduction, based on the salary structure offered to contract employees by the Contractor, contractor is liable to deduct and remitt the contribution fopr PF and ESI. Primarily this is the contractor's responsibility. But the principal employer is made liable to ensure sucgh deductions and remittances by the contractor.
Under The Contract Labour ( Regularisation and Abolition) Act, 1970, contractor is directly liable for all payments and welfare activities of the contract labours (who are his on roll employees), but at the same time principal employer (who has engaged the contractor) is indirectly liable to ensure all payments and welfare activities by the contractor, means if the contractor fails, it is the principal employer who shall be held liable.
I think this is sufficient to clarify all the doubts.
Please revert for any query.
Regards
Adv. Naveen Bhardwaj
9871158855
From India, Delhi
Dear Sarita
Off roll position is when a company is hiring an employee as a regular employee but he would be on some third party payroll. It would be similar to that a person working with A company in their premises but would be getting the salary and other statutory benefits from B company on whose payroll he is.
On roll position is when company is recruiting a person and the employee would get his salary and other statutory benefits from the same company for which he is working.
Contactual Position comes in to the picture when company knows before hand that he need to hire a resource for a fixed period of time.viz for 2 months. Then it would be considered as Fixed period contract.
Hope the above explaination will clear your doubts.
Regards
Sumit
From India, Faridabad
Off roll position is when a company is hiring an employee as a regular employee but he would be on some third party payroll. It would be similar to that a person working with A company in their premises but would be getting the salary and other statutory benefits from B company on whose payroll he is.
On roll position is when company is recruiting a person and the employee would get his salary and other statutory benefits from the same company for which he is working.
Contactual Position comes in to the picture when company knows before hand that he need to hire a resource for a fixed period of time.viz for 2 months. Then it would be considered as Fixed period contract.
Hope the above explaination will clear your doubts.
Regards
Sumit
From India, Faridabad
If salary is more than Rs.6500/- and the contractual employee is not member of PF on scheme and ready to give such declaration about non deduction of PF is not compulsory to deduct PF. B.N.Thorat
From India, Nagpur
From India, Nagpur
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