Regarding a new employee above 58 years joining a company, as per the act he is exempted from EPS. But is it mandatory to put him under EPF ? Can the management refuse it even if he requests ? Is it necessary to ascertain whether he was in EPF or not in his previous employment, and whether he is receiving pension?

What about the employee who after completing 10 years in EPF has retired from EPF and got all his dues, and closed his account at 48th year. He wants to join a company now at his 51st year.Is it mandatory to put him under EPF once again ? Can the management refuse his request ?

Can we employ these 58+ years persons as part time employees with minimum work of around 6 hours a day. They also do not want any deduction from their salary. Can we exempt them from EPF and ESI ? What is the procedure to be followed regarding attendance and salary registers and pay slips ? Is there any difference between skilled and unskilled workers in this 58+ category when they want to join for part time job?

Please bear with me for asking too many questions. But I need answers to enable me to be careful in such matters.

From India, Madras
Hr Consultant

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58+ employees are not covered by new employer ( get their aadhar or pan copy as proof of DOB), but under ESIC they are covered if drawing less than 15k salary gross
employees who were under EPF but below 58 yrs of age must be covered and their previous UAN should be linked
if the employee is enrolled in master roll and get salary, then they must be covered, for the employees on works contract it may be avoided provided the contractor pays the same

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