Employer and Employee means Wages and Salary and it's related.
Labour works not under above said E&E. So, It's under RCM if the value is higher...
Sir.,
How to I explain it to you. Bcoz, Your are the experienced person also you deal many more cases. So, I don't have any other words...
But, You can analize this one. What is the difference between Wages and Labour services in a company...?
Bcoz.,
The answer is already your reply....
(when we employ labour for a certain continuous period we call the payment as wages and if employ for any one time work, it is called labour charges)
Small definition in my view:
Employee (Salary/Wgaes): They will come and work in Office/Company 8.00 to 5.00 or 9.00 to 6.00 or any particular times. They ll be come and also calculate salary/wages for the day. If can give the works details as per work sheet or his actually works... They get monthly payment as Standard per day*Rs= month or Fixed salary/wages
But, the labour servicer ll be work his exactly works and also he give the measurments and get payments as per works done. He come single day or weeks or month. Also he come after the months. So, he is not a company's employee.....
Then it ll be can't treated as employer and employee realationship
who is experienced does not matter....i can be wrong and so you can be......i am just asking the reason of distinguising between temporary labour and permanent labour, when law does not do the same.....
you are limiting the defination of emloyee to regular employment.....there is no criteria given in the act itslef to decide whether a person is employee or not....so we have to move toward other acts......you took any labour related law (eg, esi act, epf act etc) and read the definition of employee......nowhere there is any distinction between temporary and permanent labour......to know whether a person is employee or not,continuity of employment is not a criteria, otherwise daily wage worker will be denied the minimum wages benefits.....there are many criteria for decide whether the person is employee or not -
*Right to control
*Nature of work performed
*Right to hire and fire
*Method of Payment
*Who provides equipments and all......
There is no case law in that matter in my knowledge, if you know then please tell us.......There are fine scope of difference of opinion in this case in the absense of any speciic definition.....but i will always suggest my client the course which is more beneficial to him in case of ambiguity but with disclaimer.
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