What is the liability for PF if labourers are engaged on contractual and/or casual basis? Are there any other labour law requirements?
8 Replies
CA. Amit Daga
(Finance Controller CA. CS. CFA. CIFRS. M.COM. )
(9017 Points)
Replied 04 January 2008
The term casual labour means the temporary labour employed to execute jobs of temporary nature or permanent nature jobs where the requisition is purely temporary.
The difference between contract and casual worker is that the contract worker is working under a contract where in case of casual worker there is no contract and works on the basis of no work no pay.
In terms of law, there is no distinction and a casual employee becomes eligible if he/she fulfills the creteria, hence the employee is eligible for ESI, PF, Bonus, Minimum Wages, Annual Leave with Wages, Leave encashment etc.
The only limit is that the eligiblity to claim permanent employment under the ID Act, must be looked into.
One more precaution we have to take is that if a casual labour completes 240 days of continuous work (here days worked, weekly offs, holidays and paid leaves are counted for the purpose of arriving at the figure of 240 days), then casual labour has to be regularized.
Thanks & Regards
Amit Daga
CA. Amit Daga
(Finance Controller CA. CS. CFA. CIFRS. M.COM. )
(9017 Points)
Replied 18 January 2008
Its ok aniljee..by the way can i know abt u
Jatin Bhardwaj
(CA Job)
(31 Points)
Replied 31 January 2008
Amit what criteria do a casual laborer need to fulfill to become eligible for ESI, PF, Bonus, Minimum Wages, Annual Leave with Wages, Leave encashment etc.apart from that 240 days condition.
plz. enlighten me.
pushpendra
(Director- FinMAT Consultants)
(1703 Points)
Replied 16 February 2008
20 without use of power or 10 with use of power
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