Company having contract with another company ,are we employees of that company?
There is a company who has employees and the employees have a contract with that company only but the company provides manpower to another company. Can the employees claim that they are employees of the other company as well?
Definition of employer under section 2(e) of the Provident Fund Act defines employer as a person having 'ultimate control over the affairs of the establishment'. To establish ultimate control few things have to considered like: who is issuing employment contracts; pays wages and other allowances to the employee etc.