Saswatabanerjee
Partner - Risk Management
Glidor
Hr Consultant
+4 Others

Thread Started by #sup1972

In EPF, Is it legally correct for a same member to have two different active establishments. For example, She is working in two different establishments at a same time and PF subscriptions are credited from two establishments in the same month. Will there be any contradictions.
21st October 2016 From India, Kolkata
No a single person can not be employed at two places in same time. if traced out, by the department, both the accounts may get locked
21st October 2016
A person can be employer part time in multiple establishments. And could also, be employed in different establishments in different parts of the month. Under the earlier process, she would have 2 different accounts.
However, now everyone is required to follow UAN. Therefore only account will be there and both employers can deposit the contributions in the same UAN
22nd October 2016 From India, Mumbai
It is possible. Practically I experienced it; as one of my employee is working in "Dominos Pizza" as Part Timer in the evening hours. I got the same doubt and confirmed with PF Officials directly that it is not a problem to have 2 Active PF Numbers at the same time.

As @saswata rightly said, he/she can link both accounts in same UAN.

But, real problem happen in ESI. He was worked in "Dominos" before joining in my company (from his college days). So, they paid ESI and he registered with them. He is regular user of ESI facility. When he joined, I created a new ESI Number. When I conducted ESI camp in my office after few months, his identity got duplicated and then I come to know about his Part time employment. PF issue has been sorted out as I said. But, ESI issue didn't sorted out. Because of duplication issue, He couldn't able to use both ESI numbers. We fought, but no use. The climax is "He resigned from my company and joined as full time employee to Dominos, because of this reason"
22nd October 2016 From India, Chennai
Though the EPF person has told, it is not permitted in EPS rule to have dual employment
.
if case of any accident , EDLI claim would get in jeopardy,
also the EPS section allow only ONE pension per employee, if anybody is maintaining two accounts in same UAN, then there is either date of leaving or date of joining is missing,
when the aadhar would be uploaded in KYC, the real fact will run to both employers as well as employee.
facing couple of such cases, and seems that the employee has to forget one of EPS a/c for overlapping period.
22nd October 2016
It won't be a problem for EPS withdrawal when we apply one by one.
But, I also agree with the fact of @USsharma during pension claim and EDLI.. But, I think, EDLI and EPS is calculated based on number of years, it won't duplicate.
But, definitely, both are based on last drawn basic which may duplicate. Worst case scenario, PF dept can consider the higher wage of any one during pension calculation.
Dual employment is a very common problem nowadays. We can't say anybody not to work like that. Govt should come up with something to solve this issue.
22nd October 2016 From India, Chennai
EDLI IS insurance which cover the PF contributing member up to six lacs
.
in past year one member got fatal injury and was not able to get his claim, due to this issue, , he was Member in present company since eight years, but on some greed or something lucrative, he joined another since 4-5 months without knowledge of present employer, so the present employer is unware of facts.
Though present employer has done every possible help, and claim was passed under ESIC, but EPFO claim of EDLI got in jeopardy, as per their language, the member does not exist in present company but joined the new company, as per form 11 electronically submitted by new establishment ( remember the language in form 11 mentioned) so the new company is his present employer , and six month barricade is not allowing the EDLI process
.
still the process is going on, and unless it get a well shape, we have asked the employee nominee, not to file the withdrawal, otherwise the EPS claim may get blocked
22nd October 2016
If the employment is in factories it is not legal as double employment is prohibited under the factories act.
25th October 2016 From India, Mumbai
Legally speaking if we read article 19 along with article 21 of our constitution, then we will see a person being citizen of India can do as many jobs as he can. It is a fundamental right also it is covered under UN charter for basic human rights. So no govt department can call this action into question. Until it is not in violation of public interest it is allowed to work in as many organisations as possible.
See this for more Indian Labour Laws & Shram Suvidha Simplified
25th October 2016 From India, Kolkata
Srikant, The concept of double employment is to have a worker work 2 shifts in 2 or more factories at the same time. There is no restriction on 2 sets of part time employment
26th October 2016 From India, Mumbai
Part time employment is contract basis, it does not get facility of regular workers,
28th October 2016
In my very short experience I have just come up with a weird situation very recently.
One of our employees who has been working with us since last 1.5 years without telling us anything joined another company in March, 2017 and worked there for 7 days without us knowing about it. That company opened a new UAN for him and credited his epf deduction for those 7 days. He left that company after 7 days.
However for us that employee is constantly working with us since last 1.5 years and we had given him a Aadhar linked Kyc compliant UAN no. And we credited ecr for him every month.
Now the situation was weird - He has got two UANs and both linked to his Aadhar.
Now epfo has detects it that one Aadhar has two UANs.
We initially thought that EPFO would consider the second company as his present organization because the doj in that company was later than the doj of our company. We also though that we will no longer be able to use this UAN again as we will be de-linked and that company will remain his present company.
However exactly opposite happened. And EPFO has told us that since the latest ecr (June ECR) was uploaded from our organization so they would consider our organization as his present company.
And in his UAN both the company is showing our company A - Joining date February - 2016 and Company B - March 2017, but our company has become the present employer.
Can someone please explain it why this has happened?
19th August 2017 From India, Kolkata
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