Birendrajha
Sr Manager - Hr
+1 Other

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Dear Friends,

Please note the latest amendment in Provident fund scheme.

Please note, Provident fund organization introduced special scheme for international workers as per section 83 - in clause (ff) of section 2 (an employee other than Indian, holding other than Indian passport):

Special Scheme- Notification:

Notification No. GSR 705(E) Dated 01.10.2008 - Employees' Pension (Third Amendment) Scheme, 2008
The Ministry (MINISTRY OF LABOUR) vides Notification No. GSR 705E) dated 1.10.2008, notified Employees' Pension (Third Amendment) Scheme, 2008 whereby introduced special provisions in respect of international workers by inserting paragraph 43 A after paragraph 43. The modified clause defines and determines pensionable service, pensionable salary and benefits on leaving service before eligible for monthly member's pension

Notification No. GSR 706(E) Dated 01.10.2008 - Employees' Provident Funds (Third Amendment) Scheme, 2008
The Ministry vides Notification No. GSR 706E) dated 1.10.2008 notified Employees' Provident Funds (Third Amendment) Scheme, 2008 amending Employees' Provident Funds Scheme, 1952 whereby following changes have been brought into effect:
- A special provision in respect of international workers as defined in clause (ff) of section 2 of the scheme has been inserted. Clause (f) of section 2 defining "excluded employee" has been substituted which now reads excluded employee to meaning International Worker contributing social security programme of his/her country of origin as citizen or resident with whom India has entered into a social security agreement on reciprocity basis and enjoying the status of detached worker for such period as specified. A clause i.e. (ff) has been added defining International Worker meaning an Indian employee having worked or going to work in a foreign country with which India has entered into a social security agreement and being eligible to avail the benefits under a social security programme of that country, by virtue of the eligibility gained or going to gain, under the said agreement. The clause also states that an employee other than an Indian employee, holding other than an Indian passport, working for an establishment in India to which the Act applies.
The Notifications also details out class of employees of international workers entitled and required to join the fund and duties of employers.
Please find attached the required notification in details.

This is applicable w.e.f. 1.11.08

From India, Madras

Attached Files
File Type: pdf Employees' Pension (Third Amendment) Scheme 2008 - 01 10 200 (2).pdf (59.8 KB, 1175 views)
File Type: pdf Employees' Provident Funds (Third Amendment) Scheme 2008 - 0.pdf (69.9 KB, 865 views)

Dear HR Managers
Please go through recent observation on "International Workers" on the cite HR link page:
<link outdated-removed>

The matter is required to be dealt properly as I find the scheme draft suffering from Legal lacuna.

Please breif me with your opinion
Regards
Jha

From India, Calcutta
There are problems with the new PF Amendments. FIrst, there seems to be no cap on the contributions, secondly, it is applicable only to those employees who are going to work in the country with whom we have SSAs.
From India, Delhi
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