Madhu.T.K
Industrial Relations And Labour Laws
Pbskumar2006
Sr.manager-hr
Davisjohn_hr
Hr Generalist
Malikjs
Gm (hr)
+3 Others

Thread Started by #arbind5643

Dear Friends,
I am working in a public limited company. The Company is having locations out side India as well as subsidiaries outside inida.
Some of our employees are lien to subsidiary company for a fixed period of 3-5yr. We also tranferred employee to foreign locations.
Whether these employees require to contribute to their PF fund.
We strike off their name from the muster roll.
23rd March 2009 From India, Jharsuguda
dear if they are on your roll and you are making payment from your salary sheet ,than PF DEDUCTION will be there otherwise not. tks js malik
23rd March 2009 From India, Delhi
If pay of your employees who have been directed to work in a foreign country is paid in India, then they are covered by EPF, whereas, if they are directly paid by the establishment in foreign country, then they will not be covered in India but will be covered by legislation of that country in this regard. However, there is a notification regarding coverage of EPF (India) to international workers (employees of India working in a foreign country is also an international worker) under which an employee of an establishment in India will be covered if he works in a foreign country with whom India has made Social Security Arrangement. As of today, Social security agreements have been signed with Belgium, France and Germany. But the date of entry into force is yet to be notified. Negotiations are at various stages with The Netherlands, Czech Republic, Hungary, Norway, Switzerland, Sweden, Luxembourg, USA and Australia. In this circumstance, you should not have removed their names from the rolls. For better understanding please contact the Enforcement Officer of the Employees Provident Fund Organisation. Regards, Madhu.T.K
23rd March 2009 From India, Kannur
PF a must for expats working in India

Expatriates working in India and some Indians working abroad for an Indian employer are required to make mandatory contributions to the Indian government's statutory provident fund.
The provident fund contributions fund two programmes:
  1. The Employees Provident Fund, a compulsory savings programme, and
  2. The Employee's Pension Scheme.
On October 1, 2008, through a notification in the Official Gazette, the Ministry of Labour and Employment in India, extended the scope of the Employees Provident Fund and Miscellaneous Provisions Act 1952 to include international workers (both Indians working outside the country and non-Indian citizens working in India) who are now required to contribute 12 per cent of their basic salary plus dearness allowance, the cash value of food concession and retaining allowance (matched by an amount equal to the employee's 12 per cent contribution payable by the employer) to the Employees' Provident Fund Organisation (EPFO) that implements the Employees Provident Fund Scheme (the 'EPF Scheme'), irrespective of the contributions they may be making to such schemes in other countries.
The Employees Provident Fund and Miscellaneous Provisions Act 1952 provides for the institution of:
  • Provident Funds,
  • Pension Funds, and
  • Deposit Linked Insurance Fund.
Establishments employing 20 or more persons and engaged in any of the 180 industries or classes of businesses (this encompasses most activities) specified are covered under the scope of the Employees Provident Fund and Miscellaneous Provisions Act 1952 (the EPF Act).
Also, contributions are mandatory for employees who earn up to Rs 6,500. The EPF Act can extend to other establishments that are not mentioned in the EPF Act by way of notification in the official gazette issued by the government.
It is important to note that once an establishment has been under the purview of the EPF Act it continues to be covered under the EPF Act, even if the number of employees is less than 20 at a later date.
Participation in the EPF Scheme is compulsory for employees in almost all establishments in India that meet the basic qualifying criterion of employing 20 or more persons. Since the EPF Act applies automatically to qualifying establishments, employers are required to file the particulars in the specified format for registration and allotment of business number.
The EPF Act and the relevant rules provide that the Employer's contribution to the EPF will be at the rate of 12 per cent of the wages, including the basic wages, dearness allowance and retaining allowance (if any), on its part and an equivalent amount on behalf of the employee, which is to be recovered from the employee' salary.
The EPF Act also provides for the exemption from the operation of the EPF Act in certain instances determined on a case-by-case basis.
Apart from granting exemption to an establishment from the operation of a particular scheme, the Act also provides for grant of exemption to an individual employee and also to a class of employees. Thus, exemption from the operation of the scheme is granted.
If an organisation finds that the Employees Provident Fund and Miscellaneous Provisions Act 1952 is applicable to it, then it should fill-in the prescribed form for registration. The form, along with one or more of the supporting documents, should be submitted to the respective provident fund offices for registration.
The statutory contributions are deducted from the salary of the employees and equal contributions are being made by the employers. This has increased the cost of human resources for employers.
Until now foreign nationals working in India and Indian nationals working outside the country were not required to contribute to any social security or pension scheme in India. The recent change is expected to encourage more countries to establish social security totalization agreements with India.
India has such agreements with Belgium, France and Germany and is negotiating similar agreements with Oman, the Netherlands and Bahrain.
India and the United States have been discussing a totalization agreement since 2006 but have not yet reached a consensus.
Expatriate employees are expected to be allowed to withdraw accumulated contributions when they meet the normal eligibility requirements at the end of 10 years of service.
They could also make withdrawals in keeping with a social security totalization agreement if they belong to one of the countries that has such an agreement with India or if the employee's home country has a reciprocal arrangement which permits withdrawals by Indian employees in their country.

Regards
Davis John
HR Generlist
BreadTalk - India
+919966003210
23rd March 2009 From India, Hyderabad
Dear sir
i know that i am sounding silly.... but i just wanted to confirm it .....
how about the employee who gets a regular income on our pyroll in india and yet gets a fixed amount in the forien country paid by the client....
i mean how will it be taxable etc.,
23rd March 2009 From India, Hyderabad
Dear Friends,Most of all correct. Some of the foregin nations for thier projects in India with registration some limited liabelities are also elegible for both side of employees. If the foregin companies are not paying the priniciple employer is responsible for the deduction of PF.Regards,
25th March 2009 From India, Kakinada
Dear Sir, we are sending our worker to keniya sugar mill for a period of one year it is mendatry to deduct provident fund. Regard Rajendra Singh
28th May 2010 From India, Mumbai
Dear Sir,
We have to send one of our employee to France. I inquired about Social security scheme certificate. They told me that i will get the certificate in EPFO website under international workers column. I got application but there is no information regarding documents to be attached.
Does any one knew about the documents to be submitted along with this?
Regards,
Bhavani.
24th January 2013 From India, Hyderabad
Dear Madhu
If the transferred employee is paid salary by overseas branch say US , do we still have to deduct the Provident fund even though his salary is neither processed nor paid in India . May please cklarify.
Expecting your prompt response.
Best regards
Shankaran
27th May 2013 From India, Bangalore
Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™