Dear Sir/Madam
I am K.Sudhakar,
Working for Medicure Diagnostic & Research centre for the last 14 yrs, and my employer paying epf, and no esi here.
I joined another diagnostics as a part time employee still working in the old organisation where i am working from 14 yrs.
New employer is having ESI but not epf, and i applied for esi in the new office,
Now the problem is my old employer stopped paying epf from last month and says epf and esi should be from one employer only go and pay your epf also from there where u r working for parttime.
is that true and what is the solution for this...kindly solve my problem.
thank you
Sudhakar.Kota
9849020625

From India, Hyderabad
Dear Sir,
There are two thing.
1. If you are working full time with any organisation then principal employer are mandatory to pay EPF (If total employee strength is more than 20). If your organisation is in ESIC covered area then it is also mandatory to pay.
2. At the same time form both organisation you can not avail the benefit of EPF & ESIC .
3. As well you can't get EPF benefit form "A" organisation and ESIC form " B" Organisation.
Regards
Digamber
.

From India, Pune
Dear Sudhakar,
Yes, it is true that the benefits of ESI & EPF can be availed only from one employer and not from multiple employers as is in your case. My advise to you would be that you get your EPF amounts of accumulations transferred to provident fund of the NEW establishment.
BS Kalsi
Member since Aug 2011

From India, Mumbai
If you are working for multiple organisations, each of your employers are required to pay PF u less you are an exempt employee. Your first employer can not close your PF account while you are still working there.
About esic, I am not sure how it works, some of the other seniors will need to clarify that

From India, Mumbai
Dear Sudhakar

In India, double employment is not permitted, i.e. you can not work in two organisations simultaneously. Now you are working in organisation A for 14 years better you continue there officially. Officially means by availing all statutory benefits like pf, esi, etc. (Doing part-time is up to you to manage and not to bring that into legal employment front).

ESI coverage has two criteria - (a) it is covered for those who earn a monthly gross salary upto Rs. 15,000/-; (b) if the area where your organisation is situated is coming under the ESI covered area. If your current organisation (A) is not giving you ESI benefits means you or your organisation may not be falling under one of (or both) the above criteria.

If you are keen for organisation B only because of ESI benefits, check whether your monthly salary is as mentioned above. Secondly it is a part-time job, it may or may not prolong. Think what you want to do - go with old company or a new-comer. And since it does not have PF means, now organisation B is not employing more than 20 employees or you might have exempted because your basic salary (+ DA if applicable) may be above Rs. 6,500/ a month.

My personal opinion, better you continue with organisation "A" officially and avail whatever they offer (and if you can manage B unofficially, that is up to you); but do not club together.

With regards,

Suresh

From India, Pune
Kindly let is know first of all whether your full time employer has knowledge of your part time employment
since all appointment letter has a clause barring the employee engage in any other employment . Therefore
it is better to keep silent and let the full time employer pay PF and part time employer pay esi contributions.
regards
N.Raghavendran

From India, Bangalore
Dear Sudhakar,
It is correct that you cannot claim same statutory benefits (PF,ESIC etc) from various organizations for same period.
But in your case you are enjoying these benefits as per the COVERAGE of the respective orgnizations and that too under 2 different acts, so there is no Duplicacy on your part.
Hence your previous organization should continue to pay your EPF contributions and ESI by new organization. It is no where mentioned that PF & ESI should be provided by only One employer as it varies by Applicabilty and Coverage to every organization BUT it is very true that Duplcacy should not be there in Receiving of these benefits by one common employee.

From India, Mumbai
Dear sudhakar, Mr. Suresh P. Is right.please follow and project more light on your query while considering the points of Mr. suresh P.
From India, Delhi
Part time employment in two establishments is not prohibited in EPF Act.please read para 22(2) and explanation under the EDLI scheme. Varghese Mathew
From India, Thiruvananthapuram
Dear friends,
Here in this case there are a few questions :
1. Whether he "E" can work FULL time in "A" employer and PART time in "B" employer.
2. If so, whether "A" is right in denying ESI but was giving EPF which is sought to be stopped.
3. Whether "B" is right to give ESI to the part time employee but not the EPF.
4. What is remedy to " E "
-------
To clarify these my views are:
1. Yes,E can do so.
2. "A" should give both EPF & ESI as he is employed FULL time. ( I believe "A" is covered under ESI Act.)
3. "E" is not entitled to get both EPF & ESI from both A & B (Probably E should content with EPF from A and ESI from B.)
4. E should impress upon A that they should meet both EPF & ESI, if otherwise eligible.

From India, Bangalore

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