Larification on Applicability of ESI, PF, and Gratuity for Outsourced Canteen Staff

ESI Act applies to establishments with 10 or more employees. If the contractor has fewer than 10 workers, they are not mandatorily covered under ESI just because the hospital is covered.

PF (EPF Act) applies if the establishment has 20 or more employees. Again, if the contractor has fewer than 10 (or even less than 20), they might not be covered mandatorily under PF.

Gratuity Act applies to establishments with 10 or more employees. Contractors with fewr than 10 workers are not covered under the payment of Gratuity Act. 

For ESI, PF, and gratuity, the applicability generally depends on the umber of eployees in the contractor's establishment itself, not merely because they're working in a covered establishment like a hospital. 

As the principal employer (the hospital) , you might have liabiity for ensuring compliance with labour laws for contract workers under certain conditions, especially if there is a contract specifiying responsibilities if the contractor does not comply with ESI, PF or gratuity (where applicable based on their employee count) the liability could fall on the principal employer in terms of ensuring workers' rights are protected, depending on the contract terms and laws