09 April 2008
A company which is presently under BIFR and deducting and contributing @10% of applicable salary for their employees on rolls by virtue of being Sick and under BIFR doing Job work and producing finished product in the name of other manufactureres, has arranged for providing LABOUR in the factory with a Cooperative society formed by the very same labourors. The society has been selected by the process of tendering and negotitation in the past. This society, as per the terms was billing to the Company for the Labour supplied based on the Minimum Wages as applicable (inclusive of add ons such as HRA, DA etc)PLUS 2.69% as SERVICE CHARGES thereon on monthly basis. Till now Coop. was deducting and contributing the PF from their employees in the company's PF Trust Account. However recently a new tender was floated by the company wherein it was also stated that all the bidder to the tender should have their own seperate registration under PF Act. The cooperative which is the successful bidder had the " PF applied for" status but no number till date and they are insisting that they be allowed to deposit the PF deduction in Company's PF Trust Account. The question which arise Now is
1) Can the cooperative Socity which is supplying over 400 persons on regular basis to the company and charging for their services on commercial basis can deposit the the PF deduction in the Co PF Trust Account without having and pursuing for their own Estt. Code under PF.
2) If yes, then what are the consequences for the company as Principal Employer at any point of time. If No, what are the alternatives available to the company so that company should not be held responsible for these contracted persons in any way any point of time?
3) Whether the position will be different in case if the contractor supplying the labour was a different entity earlier and workers formed the Coop later on and bagged the contract as above. However in any case the individual workers were the same through out irrespective of the contractor status whether Coop or otherwise and their contribution of PF was going to their same individual account with the company under the same Estt. code. In short despite the change in status of the contractor individual's account number and Estt code remained the same without any change.
Please Clarify. If possible reply may please be sent to following email as well ghuliani@gmail.com Thanks Ghuliani
02 October 2008
1. The Company PF trust bylaws may not be having this arrangement. If this is an approved PF trust by IT authorities any amendment should also be approved.
2.The only safe way is to have the cooperative society to get its own PF number from authorities and deposit the amount there. Otherwise the company may face problems.
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