Declaration By Employees For Not Opting For Pf - PDF Download - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Sumitk.saxena
Service/manager-hr
Abhay_011
Professor
Kalika Pande
Director
Vikasjaswal987
Hr Generalist
+3 Others

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Hi,
Our organization gives the employees whether they would like to go for PF contribution or not.
In case the employee is not willing to opt for PF we need to take a declaration.
Can anyone guide me is there any PF form for declaring the above thing.
Need assistance.
Regards,
Ruchi
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Hi
Thanks for your reply.
I understand but as per PF act if the employees salary is above 6500 then the company has the option for not deducting PF for those employees.
Please correct me if I am wrong.
P.S : Also we have less than 5 employees drawing a basic of less than 6500.
Dear ruchir
An employee whose wages/salary or pay exceeds Rs.6500/- p.m will be an exckuded employee and is not covered by the Act and if so why a declaration is needed at all. Is in fact the opposite. If an employee who is not eligible for P.F contribution under the Act, can in fact opt for contribution by makingan application for the same.
B.Saikumar
HR & Labour Law Advisor
Mumbai
let me correct it as an employee whose salary (basic+DA) "at the time of his joining" exceeds Rs 6500 shall be an excluded employee. But before his joining your establishment if he had PF with the previous company and the said account is remaining unclaimed or if he is not a PF pensioner (please read it as PF pensioner only) he is to be covered even if his salary exceeds Rs 6500.
In order that a new employee whose salary at the time of joining exceeds Rs 6500 to be excluded the employer should collect form 11 which is in the form of a declaration by the employee that he has not been a member of PF or has withdrawn his PF accumulations or is a PF Pensioner.
Please note that for PF there is no age limit and even a person who is getting Govt. pension is covered and only PF Pensioner is excluded.
Regards,
Madhu.T.K
Dear All,
As Madhu stated the point, it is correct and it is the genral pracvtice which is followed in Corporate.
But keeping a track for all the employyee makes some difficult task.
If Employee join and his salary is Rs 6500 and above then he can be excluded provided he is should not be PF member at any time of his carrier and if he is member then all his PF account should be closed.
Regards
Pandey
Dear Ruchi, Good Evening! yes U r right. If any employee whose basic salary is beyond 6500. So he can take exemption from PF deduction with duly written declaration. Rgds
hi
if the employee received basic salary above 6500pm means there is exemption from pay PF contribution by both side. if company has a policy not to pay means they can. if the employee not willing to pay contribution means also he can. but that employee should not worked somewhere and paid pf earlier. then management should get concern letter form employee as well as form 11 from employee.
ganesh 9962603678
hr&legal consultant pvt ltd
Dear Mr. Ganesh,
Good Afternoon!
I would be highly obliged if your goodself can give some suggestions for the below mentioned case :
One of an ex-employee who left the company in the month of April 2010 due to non continuance of company's business in his territory. But in written there was neither letter issued to him by the then HR personnel of the company nor by his immediate reporting officer. Only verbally told him that from now onwards this territory has been closed.
After almost two years he has sent one legal notice through court to company under Payment of Wages Act 1936.
So, what should now have to do by the company?
Can they ignore letter or they have to be present before the Court?
Waiting for your revert.
Thanks & Rgds
Abhay Raj

Dear Ganesh, Please post your query as a separate post since this thread pertains to PF and not to disputes relating to Payment of wages after two years of leaving the company. Madhu.T.K
hi abhay raj,
you should not ignore the court notice, if you done like this it may be consider your absence is exparte, it means you have to comply the order of court. so should go to labour court and explain the details. in your case have you sent any explanation letter to employee at the time of absence. if so you are safe, you just call me just i advice you.
ganesh
HR & Legal support consultants pvt ltd
(0)9962603678
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