Dear Mr. Ramachandran



As you are a IT Infrastructure Management Company located at Kochi, Kerala and having employee strength of exactly 20 as on date including director of the company and other employees who are deputed through contractor and all will be counted for the purpose of coverage of your establishment. According to me your company is coverable under the Act.



The Section 16 of Employees' Provident Fund & Miscellenous Provions Act, 1952 states about the relaxation of the establishment which are Registered under the Cooperative Socieites Act, 1912, or under any other law for the time being in force in any State relating to copperative societies, employeeing less than fifty persons and working without the adi of pwoer;



The reference mentioned (Laghu-udyog.com - Labour Policies for Small Scale Industries in India) is not correct.



In view of the above and currect position of the law, your company is coverable with immediate effect. You are requested to kindly submit application for registration with the Employees' Provident Fund Organiation.

If you need any other clarification, you are most welcome.
13th October 2011 From India, Gurgaon

Dear Vijaya Me not in Hyderabad, I am in Gurgaon (Haryana) it is NCR (National Capital Region), I am doing my own practise on labour law matters.
14th October 2011 From India, Gurgaon
Dear Mr.Mukesh/all concerned,
Please let me know if iam wrong in understanding PF from what i have learned in this long thread.
Above 20 Employers in an organization - PF is compulsory
If their Salary ie.(Basic + DA) <= Rs. 6500, then employer and employee contribution is 12% of Basic +DA.
If the salary is above 6500, Pf calculations can be restricted until 6500 and Rs.780 from both employer and employee side. Please let me know is this right??
Also for those who have their salary above Rs.6500, can they opt out of PF. If yes, How??
Please advise.
Thanks,
Ravi
17th October 2011 From India, Madras
Dear Ravi
You are fully understood about the provident fund contribution. Yes, the provisions of EPF & MP Act is applicable on the organistion where 20 or more employees are employed. The salary for the purposes of provident fund contribution is only Basic not DA. It is mandatory for the management to contribute the contribution of provident fund on the salary who are drawing Rs. 6,500/- or less then. If any of the employee is drawing salary above Rs. 6,500/- it is upto the management what they want to extent the benefit of the Act to those employees or not.
17th October 2011 From India, Gurgaon
Dear Azad Can u provide below mentioned notification No. S. O. 875(E), dated 10.10.1987 as amended by S. O. 237, dated 11.1.1989. Thanks and regards, Joy
8th December 2012 From India, Calcutta
Dear Mukeshji,

While appreciating your valuable opinions on several queries from fellow cite-hrians relating to PF/ESI,I seek your reasoned comments on the following practical problem ,my organisation is facing:

--One contractor having obtained independent PF Code absconded from the work site without depositing the PF contributions of his labourers for several months.The management(PE) continued to pay wages to the labourers for some months deducting the PF dues in absence of the contractor afterwhich the contract of the contractor was terminated. The management sought direction from the RPFC under which code the PF dues of the workers for the past period is to be deposited,if PE wants to deposit the same,but the RPFC sat over the matter for months together and did neither take any action against the contractor nor communicated to PE under which code the PF dues for past months will be deposited by PE and as to how past PF dues will be assessed in the absence of contractor’s wages sheets(for the period ,the wages were paid by him). One day the union/labourers went on wildcat strike demanding instant deposit of PF dues by P.E. for the entire period (both for the period wages paid by contractor as well as by PE).To diffuse the situation,the management(PE) signed a MOD with the workers’union to deposit the PF dues of the workers after jointly discussing with RPFC.After hearing both parties,the RPFC initiated action under Sec-7A to determine the PF dues issuing notices to the contractor & the P.E.

Now the RPFC is insisting the P.E. to deposit the PF dues of the workers in respect of wages ,which the contractor has paid and the wages which PE has paid to workers,without taking action to recover the PF dues from the contractor by way of freezing his bank account ,initiating certificate proceeding etc.The P.E. has now deposited the PF dues for the months ,the wages for which it has paid wages to the workers.Can the P.E. now plead before the RPFC on the next date of hearing not to insist it to deposit PF dues for the past months,the wages for which period , the contractor has paid to the workers and the same should be recovered from the absconding contractor.

With Regards,

S.K.Hota
20th February 2013 From India, Calcutta
Dear Sir/Madam,
My organization is registered under Societies Registration Act, 1860.
Regarding the PF applicability, Is the organization exempted from the PF Act?
Another question is:- For calculating the number of employees in the organization, do part time staff also come under the category of employees for PF calculation?
Thanks & Regards,
Divya Cherian Earaly
divyaearaly@gmail.com
9th February 2016 From India, Pune


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