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1907456   18 May 2016

Clarification on employer pf, esi, bonus and leave wages

Hi,

We are running a real estate company. We hired a security agency for manning project site. The security agency has given quotation adhering to minimum wages as applicable for security guards in Tamil Nadu. In his salary split-up, Security agency has shown the following:

  1. Basic (A) - minimum wage as fixed by Tamil Nadu Governemnt for Security guards
  2. DA (B) - as per latest notification
  3. Employer PF contribution @ 13.36% of A+B
  4. ESI @ 4.75%
  5. Bonus on Rs. 7,000/-
  6. Leave Wages 1.5 Days [(A+B)/26]*1.5
  7. N/P Holidays [(A+B) / 26] * (9/12)
  8. Service charge @ 10% on item 1 to 7
  9. Service tax as applicable on event date

Please clarify the following:

  1. Why agency is charging Bonus which he has to give to security guards. Should it not be from his profits? i.e. from Service charge which he is collecting from us?
  2. Whether Employer PF, ESI, Leave wages are not part of minimum wages itself?
  3. Is it mandatory for Security agency to contribute Employer PF/ ESI when basic wage is more than Rs. 6500/-? Even if they want to contribute, should they need to collect from Principal Employer?
  4. Is Security agency correct in charging Service Charge on item 1 to 7, which also includes Employer PF, ESI, Bonus, Leave wages?


Learning

 2 Replies

Kumar Doab (FIN)     18 May 2016

The establishment may engage an able counsel specialzing in labor-service matters.

 

Sudhir Kumar, Advocate (Advocate)     19 May 2016

if the contractor default sin paying PF and ESI you are still liable (civil and criminal) so you hae to ensure that the money takenfrom you is deposited by him.


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