Employers (PF)liability For Re-employed Retired Person - CiteHR
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

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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B.A retired person is re-employed.He has withdrawn his previous PF.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

An employee who is of 58 years of age and who had already withdrawn his PF accumulations and is in receipt of PF Pension (not government pension) is an excluded employee and therefore, no PF contribution is payable in respect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

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

If he is already a PF pensioner or has withdrawn his PF accumulations on his attaining the age of superannuation he can be excluded from EPF.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

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
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2- Sales and Marketing ( Sales Manager ) 1 post : Engineer having an exp of atleast 6 to 8 yrs in Chemical
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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.
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skpandey

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

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.

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

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

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?


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