Who pays PF and ESI for contract workers: the agency or the company?

Short answer

The manpower agency, as the direct employer, deducts the employee share of PF and ESI, adds the employer share, deposits both and bills the cost to you. But if the agency defaults, the principal employer can be made to pay and then recover the amount from the agency. Check monthly challans for every worker at your site.

Answered by Lifeline Crew, Aminjikarai, Chennai. Updated 12 Nov 2026

What are the PF and ESI rates?

SchemeEmployerEmployeeApplies to
EPF (incl. EPS)12%12%PF wages (basic + DA). Mandatory up to the wage ceiling, reported raised from Rs 15,000 to Rs 25,000 from 17 Sep 2026; confirm with EPFO
EDLI + admin0.5% + 0.5%NonePF wages
ESI3.25%0.75%Employees earning up to Rs 21,000 a month

The employer's PF share cannot be deducted from the worker's pay, whatever the contract says.

How do I protect my company?

  1. Before work starts, collect the agency's PF and ESI establishment codes.
  2. Every month, ask for the PF ECR and ESI challan showing each worker deployed at your site.
  3. Match the names and headcount against your attendance register.
  4. Release the invoice only after you have the challans.
  5. Keep the records for audits and labour inspections.

Ask any agency, including Lifeline Crew, for a sample invoice before you sign. It should show wages, PF, ESI, the service charge and GST as separate lines.

Rates as of Nov 2026. Some Madras High Court rulings limit the principal employer's PF liability where the contractor has its own code; others do not. General information, not legal advice.

Sources

Related question

Can the agency deduct the employer PF share from the worker?

No. The Code on Social Security bars passing the employer's share of PF to the worker, notwithstanding any contract to the contrary. If a worker's payslip shows both shares deducted from their wage, raise it with the agency immediately, because the liability can come back to the principal employer.

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