Epf subscription of cortractors
thakurrajivchauhan
(Querist) 26 May 2012
This query is : Resolved
Dear Sir
we have engaged contractors in manufacturing company who have Independent EPF & ESIC codes. We paid their dues including EPF & ESIC liabilities as per bills raised by them to us. Now i want to know that who is responsible for compliance to govt organisations in this case (for contractual employees)
Nadeem Qureshi
(Expert) 26 May 2012
Dear Querist
The company will be responsible
A K CHANDOK
(Expert) 26 May 2012
As per provisions,Principal employer is responsible for compliance of contractor employees.In case the contractors are having their own code no., it is for the Principal employer to ask for proof of contribution deposited by the employer ,every month,beside ensuring that he has submitted all the statutory returns in time in respect of employees deployed with Principal Employer.Principal Employer should also indicate the no. Of ees engaged on contract basis and their details to Concerned authority.
Chandok A K
RPFC ( Retd.)
www.akchandok.com
09988021715
A K CHANDOK
(Expert) 26 May 2012
As per provisions,Principal employer is responsible for compliance of contractor employees.In case the contractors are having their own code no., it is for the Principal employer to ask for proof of contribution deposited by the employer ,every month,beside ensuring that he has submitted all the statutory returns in time in respect of employees deployed with Principal Employer.Principal Employer should also indicate the no. Of ees engaged on contract basis and their details to Concerned authority.
Chandok A K
RPFC ( Retd.)
www.akchandok.com
09988021715
Suhail A.Siddiqui
(Expert) 26 May 2012
Ultimate service receiving company responsible for any default of contractor/ sub contractor
thakurrajivchauhan
(Querist) 26 May 2012
Dear Sir,
I am working in manufacturing company and engaged independent contractors having their own ESIC & EPF numbers, paid all the dues including ESIC & EPF liabilities as they charged in the bills raised to company. But by chance company fails to produce the proof of deposition of the same to authorities. Company issued notice to contractors that they should submit the proof of submission of statutory liabilities to company, in reply all contractors submitted a written undertaking that they have remitted/deposited all the dues to the authorities what they have charged in bills & they will produce the records to authorities only and not to the company and company submitted the same to the authorities, whereas department demanding the same from company. Now i want to know the legal imprecations in this matter and also whether department should collect the same from contractors is this comes under their moral duty and natural justice
Regards,
Rajiv Chauhan
Sudhir Kumar, Advocate
(Expert) 26 May 2012
I fully agree with Mr Chandok. It is you and you alone who is liable for default.
By the way the manpower agencies are so smart that they can evade PF dues of the labour supplied to the office of RPFC who have opporuinity to daily interact with APFCs, RPFCs.
If you ask for proof of deposit of OPF due the contractor will show you a copy of Challan F/12, which has no provision to contain the name of the labour and you do not know if PF dues of the labour supplied to you is deposited. Even if you have paid PF/ESI dues to contractor still if he does not deposit you are in any way liable.
Contractor can disappear but you can't
Sudhir Kumar, Advocate
(Expert) 26 May 2012
You have opened another thread at http://www.lawyersclubindia.com/experts/Legal-Implication-in-case--309061.asp
Facts and rule sremain the same.
