If the retirement age is 58yrs then the employee can be taken as an external consultant on Contract
From India, Mumbai
19From India, Mumbai
There is no age limit for Provident Fund though for Pension Fund contribution the maximum age is 58 years. Therefore, if an employee aged more than 58 is employed he can contribute to PF and the employer can also contribute the same 12% but the entire contribution shall go only to Provident Fund and not like 8.33% of employer's share to Pension Fund and 3.67% to provident fund.
However, in respect of an employee who is in receipt of Provident Fund pension or who has already withdrawn the PF benefits after attaining at least 50 years of age, no such contribution either to Provident Fund is required to be made. This does not mean that if a person who has retired from government service and is a government pensioner is employed he will not be covered by EPF. Such pensioners are not PF pensioners and in respect of them contribution to EPF is mandatory.
Regards,
Madhu.T.K
From India, Kannur
However, in respect of an employee who is in receipt of Provident Fund pension or who has already withdrawn the PF benefits after attaining at least 50 years of age, no such contribution either to Provident Fund is required to be made. This does not mean that if a person who has retired from government service and is a government pensioner is employed he will not be covered by EPF. Such pensioners are not PF pensioners and in respect of them contribution to EPF is mandatory.
Regards,
Madhu.T.K
From India, Kannur
madhu T K is correct. but few companies will continue to take the service from employees after retirement age , seeing his/her physical , mental and organisational requirement. they clear all his dues and later appoint him as external consultant and then PF contribution will be a option
From India, Bangalore
From India, Bangalore
There is nothing wrong in such appointment even if on rolls of the company itself. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Re:Withdrawal of P.F
Normally Employer hold the contribution card until full & final settlement.In fact Employers are victimizing their employee by saying first you settle or clear all dues then Employer clear the formalities.
Whether Employers' are empowered by the Act to create obstacle in payment or Renewal of contribution card.
If yes,which provision of The Emp.P.F Act empowers the Employer.
If No what are the provisions for employee member for renewal or withdrawal of their P.F
Prabhat Ranjan
From India, Chandigarh
Normally Employer hold the contribution card until full & final settlement.In fact Employers are victimizing their employee by saying first you settle or clear all dues then Employer clear the formalities.
Whether Employers' are empowered by the Act to create obstacle in payment or Renewal of contribution card.
If yes,which provision of The Emp.P.F Act empowers the Employer.
If No what are the provisions for employee member for renewal or withdrawal of their P.F
Prabhat Ranjan
From India, Chandigarh
Dear All,
Can any one guide me about the formula of PL encashment in case of death case or resignation from service.
And also provide me some information about SL/CL entitlement.Who is entitle for SL/CL ? And in a year how many one can be given ? And also under which labor laws come all these provision.
Regards
Habil
9867117961
From India, Pune
Can any one guide me about the formula of PL encashment in case of death case or resignation from service.
And also provide me some information about SL/CL entitlement.Who is entitle for SL/CL ? And in a year how many one can be given ? And also under which labor laws come all these provision.
Regards
Habil
9867117961
From India, Pune
Dear Mr Madhu
I was a govt servant taken early retirement and eligible for all pensionary benefits. I am presently below 50 years and have taken employment in a private company.
Please confirm if I am required to make PF contribution and will be eligible to pension out of this contribution of employer share. Also if the employer does not pay PF for employees above the prescribed limit and the complete share (24%) is paid by employee himself will he get pension and at what rate? Please clarify.
Regards
Vijay Kumar
From India, Delhi
I was a govt servant taken early retirement and eligible for all pensionary benefits. I am presently below 50 years and have taken employment in a private company.
Please confirm if I am required to make PF contribution and will be eligible to pension out of this contribution of employer share. Also if the employer does not pay PF for employees above the prescribed limit and the complete share (24%) is paid by employee himself will he get pension and at what rate? Please clarify.
Regards
Vijay Kumar
From India, Delhi
One should also read Industrial Employment (Standing Order), 1946 wherein it has been mentioned that how an establishment employeeing more than 100 employee should formulate its Establishment Manual and get it registered and circulated to their employees, trade unions, etc. In the above act it has been mentioned what contents should be there in the establishment manual such as how to appoint, how to maintain employee, what will be the retirement age, etc. etc.
From India, Calcutta
From India, Calcutta
Dera Prabhat Ranjan,
There is nothing in the Employees Provident Fund and Misc. provisions Act which empowers an employer to hold an employees request for withdrawal of funds whereas it is mandatory for the employer to send the withdrawal forms to the EPF authorities within reasonable time. If an employer refuses to sign and forward such forms (form 19 and form 10C or 10 D) the employee can send the forms directly to the EPF after getting his signatures in the forms attested by a gezetted officer, bank manager or such other persons so authorised by the EPFO.
What is renewal of contribution card? Do you mean the statement of contribution sent by the EPFO showing the particulars of contributions made during the year and the closing balance available in the PF?. If so, let me say that the same is prepared by the EPFO in line with the annual returns in form 6A and form 3 A return of contribution during the year of individual employees. Since these are mandatory returns the employer can not hold it. He can not hold the form 3 A of any individual employee. If he does so, the annual returns submitted will be returned.
Dear Vijay Kumar Singh,
Since you have not been in employment where Employees Provident Fund (not government provident fund) existed, when you join a private establishment where the EPF is applicable, you have to contribute to EPF. However, if you are more than 48 years of age at present you may not be getting Pension form the Provident Fund on your attaining the age of 58 years which is the pensiobale age fixed by the EPF presently. In such case, you will get withdrawal benefit and you can withdraw the pension fund contribution by the employer along with your share.
As per law the employer is expected to contribute 12% and in respect of an employee who is above 58 years the employer's share of contribution should be paid to Provident Fund only without deposting it as 8.33% to pension Fund and 3.67% to Provident Fund. There is no question of employee himself contributing 24% to his Provident Fund.
Regards,
Madhu.T.K
From India, Kannur
There is nothing in the Employees Provident Fund and Misc. provisions Act which empowers an employer to hold an employees request for withdrawal of funds whereas it is mandatory for the employer to send the withdrawal forms to the EPF authorities within reasonable time. If an employer refuses to sign and forward such forms (form 19 and form 10C or 10 D) the employee can send the forms directly to the EPF after getting his signatures in the forms attested by a gezetted officer, bank manager or such other persons so authorised by the EPFO.
What is renewal of contribution card? Do you mean the statement of contribution sent by the EPFO showing the particulars of contributions made during the year and the closing balance available in the PF?. If so, let me say that the same is prepared by the EPFO in line with the annual returns in form 6A and form 3 A return of contribution during the year of individual employees. Since these are mandatory returns the employer can not hold it. He can not hold the form 3 A of any individual employee. If he does so, the annual returns submitted will be returned.
Dear Vijay Kumar Singh,
Since you have not been in employment where Employees Provident Fund (not government provident fund) existed, when you join a private establishment where the EPF is applicable, you have to contribute to EPF. However, if you are more than 48 years of age at present you may not be getting Pension form the Provident Fund on your attaining the age of 58 years which is the pensiobale age fixed by the EPF presently. In such case, you will get withdrawal benefit and you can withdraw the pension fund contribution by the employer along with your share.
As per law the employer is expected to contribute 12% and in respect of an employee who is above 58 years the employer's share of contribution should be paid to Provident Fund only without deposting it as 8.33% to pension Fund and 3.67% to Provident Fund. There is no question of employee himself contributing 24% to his Provident Fund.
Regards,
Madhu.T.K
From India, Kannur
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