debajyotigoswami Started The Discussion:
I have one query regarding "The Employee's Provident Fund Act" & "The Employees State Insurance Act".
I want to know the Applicability of PF & ESI to Employees who is working under "Probation Period."
For Example, I am working in a BPO/ITES Company for the last 2 months. I am still in Probation period, is the company/Employer is liable to Provident Fund and ESI or The company can start paying me PF & ESI only after my Permanent Appointment.
& if they sack me after paying one month's PF & ESI,
What step should I follow to get back my PF deposits?
What step should Employer take to close my PF account. Is there any legal Obligation to be followed?
Please help me out. :)
Thanks & Regards
If you fall under ESI and PF then the applicability will start from day 1 of employment. It is irrespective of whether the employee is on probation or confirmed.
You can withdraw the ESI and PF deduction by filling up the requisite withdrawal forms. I think you have to be with the company for a period of two or three months in order to withdraw the same.
Whenever any employee leaves the organisation then after settling the full & final account employer discontinue the payment of contribution of PF & ESI in employees account but, after withdrawing the amount of PF by the employee from the PF Department his account would be closed by the PF department.
The PF & ESI is applicabe to all employees working in an organisation where the organisation is covered under PF & ESI ACT or the these Act is appplicable.
After 30 days from the date of leaving the organisation you can apply for withdrawl the PF contribution deposited by your employer from the PF organisation or you can apply for transfer the same to your new employers account.
The ESI contribution is not refundable as its only provide medical and disablement benifit to the employees during the contrubution period he/she has paid the contribution.
I changed my company 2.5 years back and applied for a PF transfer. Unfortunately, I dont know whether my PF was transferred or not as I hv neither got a confirmation of transfer nor any PF stmt.
Is there a way I can figure that out. Would going to PF deptt in the city with my PF number help?
Any pointers would be appreciated.
PF and ESI are deducted for all kind of employement if the organisation you are working for is covered under the ACt
You cannot withdraw ESI
A organisation cannot withdraw or transfer PF unless you sign the withdrawal/transfer document
PF is deducted on Basic+DA and ESI is deducted on your gross salary i.e. what all you get every month
ESI cutoff limit is Rs.10000/-
Normally it is suggested to withdraw you PF then to get it transfered as transfter takes longer time and if your change your location it is more difficult. You can request you previous employer about the status of your PF transfer
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