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MANOJ KUMAR (Senior Assoicate advocate)     20 June 2011

Registration before EPFO & ESI

Hi to the L.C.I. Members,

Can any one suggest that if a govt. contractor has not filed his EPF and ESI for a work of 60 workers, and where the same workers has given undertaking not to deduct the said EPF and ESI amount from there salaries, because their salaries are very meger in count.

And as per the wish of the workers the contractor has not deducted from their saliers, but the agreement between principal employer and contractor speaks that he has deduct the said amount. Now the same workers approached the concerned authorities before EPFO and ESI, stating that they are deprived by their rights.

Is there any umbrella under the law for the contractor from the workers, because they given undertaking and now just took the chance before the authorities by filing wrong complaint.



Please give the advice or any answers to this problem.........



Learning

 2 Replies

PBS KUMAR (HR - PROFESSIONAL)     23 June 2011

Dear Manoj ji,

As per the EPF act if the Contractor has faild to deduct the PF / ESI the Principal Employer has lyable to pay.

Before that as a Contractor for engaging the contract works, the contractor has to obtain 1) Labour LIcense 2) PF Registration Code and  3) ESI Registration Code.

Regards,

PBS KUMAR

MANOJ KUMAR (Senior Assoicate advocate)     23 June 2011

Hi, thanks for the advise, can i get any citation for the said principle, please inform me if any so...........

 


 


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