pkjain62
78

What would be the impact of the applicability of PF in the case of dual employment if both the employers are registered under the PF Act, and whether he would be enrolled separately with both employers?
If yes, whether two memberships in one time possible in PF?
If no, as to how provisions are to be complied with?
PKJain

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Suhaskhambe
Executive Human Resource At Emcure Pharmaceuticals
Anita P Panicker
Sr Hr Executive
Pkjain62
Legal Adviser

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pkjain62
78

Good Morning friends
To the best of my understanding, there is no law to prohibit more than one employment
in India. Second employment may be prohibited by a clause in the job contract of
first employer. If not, then it is fine to do be in multiple employments.
The Company Act itself permitted one individual (Director) may be MD in two companies and also allow remuneration from both the company. And salary of MD is subject to deduction of PF as per PF Act.
An MD in a certain company may be CEO in other company and get salary from both the company then?
This question arose when Mr. X, employed in company A was asked by his employer to perform some work in company B which belongs to his relative and Mr. X was allowed to get salary from both the company.
Views solicited.
PKJain

From India, Delhi
suhaskhambe
120

Following acts prohibit dual employment:
Shops and Establishments Act,
Factories Act prohibits double employment.
Model standing orders no.8 under Schedule I-B under Central rules 1946 framed under the Industrial Employment (Standing )

From India, Mumbai
pkjain62
78

Mr. Suhas What would be position in case the employee concerned is not a workman? provisions of these Acts would not apply to him. PKJ
From India, Delhi
Anita P Panicker
127

Hi,
Today it is very common for a person to take up job in 2 companies simultaneously. The only thing he has to do is give a declaration stating he is getting PF from the 1st company, if the 2nd company policy is ok with it then they can make contribution for PF, but incase there issue with their policy then they will try to compensate with something else.
PF laws donít have any problem with that.,It is perfectly legal to work in multiple organizations at one time.
You can get PF from 2 different companies at one time. As PF laws donít have any clause to the contrary.
Regards
Anita
Regards
Anita

From India, Mumbai
Anita P Panicker
127

Hi Pkjain,
I would like to tell you what Suhas has said is also right, but it is meant for People working for Government Job's. No Government employee can have 2 PF Account, as he cant take up 2 job at the same time.
Hope your question is answered.
Regards
Anita

From India, Mumbai
saswatabanerjee
2319

In a factory every person is a worker, including the factory manager So that prohibition applies to everyone in a factory
From India, Mumbai
vijay-pandey1
Hi, sorry to reopen this old post. My query relates to the same concern. Is there any way to remove or return PF contribution made by second organization ( 9months period).

Any legal way to get out of this situation as it was purely unintentional to work on 2 org at the same time but want to correct the mistake already done. Pls guide!

From India

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