Ramesh Dere (Compliances) 03 August 2011
Hi All,
A private limited company having more than 500 employees appoint self employed person / contractor to carry on AMC, repair works ect.
Does company has PF & ESI liability for such self employed person / Contractor.
Please site case law if any
Thanks in advance
V. VASUDEVAN (LEGAL COUNSEL) 04 August 2011
Yest. Please go through the provisions of the PF & ESI website where it is clearly set out. Where the Contractor has no PF/ESI Registration, it is the principal employer, who is liable. Even if the Contractor has the registrations, the principal employer has to obtain proof of remittance along with the regular invoices before payment.
vasudevan
Ramesh Dere (Compliances) 05 August 2011
Hi Vasudevan,
It mean a company which is registered with ESI & P.F. should not deal with contractors / selfemployed persons not having or registered with ESI & P.F. registration.
Right
K.S.Srinivas (Advisor (HR)) 05 August 2011
If the contractor fails to recover the epf contributions and remirt the same in the bank, the obligation is with the principal employer.
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