ESI

Querist : Anonymous (Querist) 07 April 2011 This query is : Resolved
A FIRM ‘X’ IS REGISTERED UNDER ESIC SCHEME AND GETTING JOB WORK (ASSEMBLY OF MATERIAL) FROM ONE OF HIS JOB WORKER ON JOB WORKER’S PREMISES. JOB WORKER IS NOT REGISTERED UNDER ESIC SCHEME, SINCE HE IS EMPLOYING ONLY SEVEN WORKERS. HE TAKES THE MATERIAL FROM THE FIRM ‘X’ AND DELIVER THE SEMI FINISHED/ FINISHED GOODS AFTER COMPLETION OF JOB WORK (ASSEMBLY OF MATERIAL) FROM HIS PREMISES. FIRM ‘X’ DO NOT HAVE ANY CONTROL & SUPERVISION ON HIS JOB WORKER’S EMPLOYEES & QUALITY CONTROL. JOB WOKKER IS FULLY RESPONSIBLE FOR ANY DAMAGE & QUALITY AND HE IS DOING JOB WORK FOR OTHER COMPANIES ALSO.

AT THE TIME OF ESI INSPECTION, ESI INSPECTOR ASKED FIRM ‘X’ TO DEPOSIT THE ESI CONTRIBUTION OF JOB WORKER’S EMPLOYEES, SINCE THEY ARE WORKING FOR THE FIRM ‘X’.

PLEASE CLARIFY, IS THERE ANY RESPONSIBILITY OF FIRM ‘X’ TO DEPOSIT ESI CONTRIBUTION OF HIS JOB WORKER’S EMPLOYEES OR NOT?.

THANKS

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Raj Kumar Makkad (Expert) 07 April 2011
Yes. You are duly responsible for ESIC deductions of job worker and his employees also as per rules.

Kirti Kar Tripathi (Expert) 07 April 2011
These employees are working for your manufacturing process through a middleman. thus they are your employees, your are liable to deposit their contributions of ESI

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