Employment in apartments

5 years ago

Sir, in our apartment in Bangalore, we have two manpower agencies providing services- one for 8 security men and another providing 10 housekeeping services, 1 plumber.

My questions are:

1. Is it also a responsibility of the Society management committee to ensure the vendors are following the PF/ESIC rules and law? And if yes, are we supposed to pay on their behalf or vendor will pay by taking the amount from us in their bills.

2. How Karnataka minimum wages act 2018 is affecting is and do we have to follow this law being a non profit establishment?

Thanks.

ANIRBAN DEB

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Ambrose Leo

Responded 5 years ago

A.The law imposes on all vendors to pay minimum wages and attract PF/ESIC for the employment of labours under various labour laws,any deviation or non-compliance will not only attract penalty and also action on the vendors or management responsible to pay and deduct the contributions for remittance to statutory authorities within time limit any non-compliance will attract penal provisions of the law & statutory provisions of the Act.better to consult a Employment & Labour and service matter lawyer for all aspects of the issues.

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Abhimanyu Shandilya

Responded 5 years ago

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A.As per the Labour laws the entity which is employing the contractual labour and paying for the services have to take the onus that PF reaches to the them through their Employer (The vendor). If the Vendor is not paying then you will also be held responsible.
Also I would request you to hire a lawyer for these matters and seek proper advice as you would need them on ongoing basis and these are complex matters.

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Anirban Deb

Replied 5 years ago

Thank you so much Sir.

Also wanted to know about our liability to abide by Karnataka Minimum wages act for our direct emplyoees(only 4) and employees appointed under manpower agencies but working in our premises (18 nos) since we are a housing society and are not involved in any business. Kindly let me know. Regards. Anirban

Rajeev RJ

Responded 5 years ago

A.It is responsibility of the man power agency to pay the PF and ESIC of its employers. However as a principal employer you also have the responsibility whether the man power agent is fulfilling all its obligations and if not you can deduct that from the bills of the agency and remit the same.
Regards
Rajeev
RJ Associates
Trivandrum

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Anirban Deb

Replied 5 years ago

Thank you so much Sir. Also wanted to know about our liability to abide by Karnataka Minimum wages act for our direct emplyoees(only 4) and employees appointed under manpower agencies but working in our premises (18 nos) since we are a housing society and are not involved in any business. Kindly let me know. Regards. Anirban

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