Madhu.T.K
Industrial Relations And Labour Laws
Boss2966
Industrial Relations
Shaukat Hussain
Personnel & Admin.manager In A Fertilizer
VIPUL
Service
Vipul3689
H R Executive

Thread Started by #shaukat hussain

we are having some employees aged above 58 years.according to our standing orders retirement age is 58.
A.If an employee is continued after this age what would be his status in respact of PF contribution,Gratuity,Bonus and other benifits which are given to under age employees.(Employers liability?)
B.A retired person is re-employed.He has withdrawn his previous PF.
Now,what is liability of employer regarding PF contribution to him?
Regards
Shaukat hussain

18th September 2010 From India, Jaipur
An employee who is of 58 years of age and who had already withdrawn his PF accumulations and is in receipt of PF Pension (not government pension) is an excluded employee and therefore, no PF contribution is payable in respect of that employee. In this respect please remember that if any person retired from government service joins, he will be covered by PF though not necessarily be covered by Pension Scheme and , therefore, contribution in respect of him due by the employer should be contributed in full @12% to Employees Provident Fund account only without any share (8.33%) to Pension Fund.

An employee re employed after 58 years of age will be covered by ESI if his salary in within the ESI coverage limit of Rs 15000. He will be entitled to Bonus if he comes under the Payment of Bonus Act with a salary of not more than Rs 10000 per month. At the time of leaving service after serving at least for five years from his date of rejoining, he should be given Gratuity also. That means he will be entitled to get all benefits available to any other employee in service.

Regards,

Madhu.T.K
18th September 2010 From India, Kannur
Dear All
In my current organisation ( Private Company)we have engeged one retire person wo was earlier worked in a different company, Whether we should continue deductions of PF or he should be excluded ? Pl. advice , if he should be excluded what formalities in terms of Form needs to filled and submitted to Regional PF Office?
Pl. advice.
regards,
Vipul Rana
12th February 2011 From India, Thana
If he is already a PF pensioner or has withdrawn his PF accumulations on his attaining the age of superannuation he can be excluded from EPF. On the other hand, if he was not a member of EPF earlier but has attained the age of 58 and joined your establishment which is covered by EPF & Misc. Provisions Act, then he should be given coverage and the entire contribution payable by the employer should be credited to his PF account without bifurcating it as 8.33% in Pension Fund and the remaining, ie, 3.67% in Provident Fund.
Regards,
Madhu.T.K
14th February 2011 From India, Kannur
Dear All,
Please note the following vacancy in my company.
1- Sales and Marketing ( Sales Engineer ) 2 post : Civil Engineer having an exp of atleast 2 to 4 yrs in
Construction industry.
2- Sales and Marketing ( Sales Manager ) 1 post : Engineer having an exp of atleast 6 to 8 yrs in Chemical
/ Pesticides / Paint industry.
3- Mechanical Engineer ( Sales and Service ) 1 Post : Mechanical Engineer having exp of atleast 3 to 5 yrs in Installing repairing and maintenance – Hydraulic Hammers / Presses and Computerised (Siemens Seimatic S7) in Forging Industry. 1 month training in Germany. Bond / Security is must. Extensive travelling in india.
Good Salary & perks
Send Cv to -
Cont. no. +91.99.680.10457
Thanks
skpandey
14th February 2011 From India, New Delhi
Dear All,
Please note the following vacancy in my company.
1- Sales and Marketing ( Sales Engineer ) 2 post : Civil Engineer having an exp of atleast 2 to 4 yrs in
Construction industry.
2- Sales and Marketing ( Sales Manager ) 1 post : Engineer having an exp of atleast 6 to 8 yrs in Chemical
/ Pesticides / Paint industry.
3- Mechanical Engineer ( Sales and Service ) 1 Post : Mechanical Engineer having exp of atleast 3 to 5 yrs in Installing repairing and maintenance – Hydraulic Hammers / Presses and Computerised (Siemens Seimatic S7) in Forging Industry. 1 month training in Germany. Bond / Security is must. Extensive travelling in india.
Good Salary & perks
Send Cv to -
Cont. no. +91.99.680.10457
Thanks
skpandey
14th February 2011 From India, New Delhi
Dear Friend
If a retired employee joined in the organisation on re-employment he will not get any Salary. He has been re-employed only to honour his entire service. So he is entitled for Honorarium only and not salary. So he is not entitled for PF Deduction or any other deduction.
14th February 2011 From India, Kumbakonam
Dear all
We wish to give employment to govt.retired person on contract basis for a specific period and on fix salary,what would be statutory liability regarding PF, ESI,Gratuity,Bonus etc.
Reply soon
Regards
Shaukat Hussain
8th September 2011 From India, Jaipur
I have a different view about it. A government pensioner if employed in an establishment in which Employees Provident Fund and Misc. provisions Act, 1952, is applicable, has to be covered by the PF. Only thing is that since he has crossed 58 years of age, the employer will not contribute towards his pension fund but his 12% will go to PF account only. Repeating the same I have written earlier, if he was a PF pensioner then only he would be excluded from PF. For coverage of PF/ ESI and payment of Bonus or Gratuity the amount paid in return for the services rendered will be taken as wages whether it is called honorarium , fees or other. Therefore, a government pensioner should be covered by EPF and also ESI. He will get bonus also if his salary is within the limits as prescribed under the Payment of Bonus Act. He will also get gratuity from the employer if he puts in 5 years of service with the employer.
Regards,
Madhu.T.K
11th September 2011 From India, Kannur
hello.....
i need your valuable suggestion...
Our company want to appoint one Driver who's age above 58 Year. Now whether is comes under PF or ESIC or Professional Tax ?
another things if we appoint him then under which title like retainer or Trainees or somethings else?
10th March 2016 From India, Vadodara
I think the matter of PF to one who is 58 has been in the discussion since September, 2010.
As already pointed out there is no age limit for PF and ESI. If your new Driver has not been a PF subscriber earlier, you should cover him, without fail. Only thing is that when the employer contributes, it should be contributed only toPF and not to Pension Fund. Please go through the earlier posts.
Regarding ESI, no doubt, you have to give him coverage if his salary is not more than Rs 15000.
By designating him as retainer or trainee, you will not escape from the liability of contributing PF or ESI. After all, a driver of 58 years of age without any driving experience is unbelievable. Similarly, what professional advice would he deliver as a retainer? While giving designations and grades, you should apply at least a reasonable common sense.
Madhu.T.K
11th March 2016 From India, Kannur
Thanks for your valuable suggestions,
Actually in his last employment he was working as driver as regular employee and retired from that organisation because attaining the age of superannuation and he withdraw PF form his account.
So can we appoint him as Casual worker in our company? so that their is no questions for PF or ESIC Or Professional Tax.
awaiting your suggestions....
thanks,
Vipul
12th March 2016 From India, Vadodara
You can appoint him as Driver and not as casual worker. A casual worker is one who is casually employed. Since this person has already withdrawn his PF accumulations, he can be excluded from PF. But he should be given ESI coverage if his wages is less than Rs 15000. Similarly, profession tax is something not at all related to status of employment but it is purely based on the earnings or revenue of an employee or profession. As such he should pay profession tax without fail. Being the employer in respect of him, you have to deduct it from his remuneration and pay it to the local administration.
Madhu.T.K
14th March 2016 From India, Kannur
Is this deduction is mandatory ? After all he should have receive all his remaining pf amount.
19th June 2018 From India
If he was a PF member and has received the withdrawal benefits he need not be covered by PF. But if his wages is less than Rs 21000 per month ( at the time the previous post was made it was Rs 15000) he should be given ESI and this deduction is mandatory and you cannot say that since he has received PF his salary should not be subject to deduction of ESI because the purpose of SI is different.
20th June 2018 From India, Kannur
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™