Dear Members,
Kindly give legal opinion for the below:
We have appointed a Manager on probation and his basic salary is fixed as 20,000 (Gross is 41000).
He said as he was not a member in PF in previous company requested to exclude from PF here also.
Is it possible for avoiding him from PF membership even though he is in probation?
Or is there any rule that compulsory he should be covered under PF ?
Kindly clarify.

From India, Ahmadabad
Dear Members,
Kindly clarify me on the below:
We are appointing a person in our Company where the place is under ESI Coverage and deputing him into another place where the area is not covered under ESI. He will be permanently working there.So whether he will come under ESI coverage or not?
Kindly Clarify.

From India, Ahmadabad
Dear Niashant,
There are two periods in ESIC- 1)Contribution period, 2)Benefit period. Contribution period- 1st April to 30th Sept. & 1st oct. to 31 march, Benefit period- 1st jan to 30th june 1st jul. to 31st dec. Please make clear about whwther the date of Deputation is coming under the contribution period. If it has already been contributed for the employee then he/she will covered as per the benefit period in the preceding year.
Dear seniors if i am wrong please make me correct.

From India, Bhubaneswar
Dear Srikant - You are talking about ESIC, whereas the question raised by Nishant is pertaining to PF.
Dear Nishant - Yes, you can show the member under exempted category. Please ensure you take all details and get Form 11 filled by the individual.

From India, Hyderabad
Please clarify me in below:
Can we appoint staff category in direct contract basis? Then what will be the difference between permanent and contract staff? How long will be it valid?
Are contract staffs have the right to join Union?
Thank you

From India, Ahmadabad
Dear Nishant
PF ceiling is upto 15,000/- hence if an employee's basic is 20,000/- , there is no requirement of PF deduction as if he was not getting it before as well. just get the form filled by him.Ask him to submit a letter for this. above 15,000/- ceiling slab its company's discretion to cover PF or not.
contract staff works as per the contract agreement (appointment letter ) their other benefits remain the same( i.e leaves and other financial benefits , you have to make a clause under your appointment letter which will refrain them to join any group, union etc.
hope your questions are clarified.

From India, New Delhi
Dear Mitali,
Thank you for the clarification and just one more ... Will there be any leagl issue if a staff is employed in contract basis for very long period.. if we renew and keep him in contract?

From India, Ahmadabad

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