Management Consultancy
Sr. Hr Executive

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We have terminated a service contract pf a firm, and we are planning to employ 4 people of this firm on temporary basis. Two out of 4 are over 60 years of age. Is rule of esic and pf applicable to them also?
From India, Pune
Dear Reenuohlan,
If age of the candidates is over and above 60 years which is considered as maximum age of employment then you cannot hire them on your role. Maximum what you can do is you have an option to hire them on consultant basis where appropriate taxes to be paid and no need to pay PF and ESIC for them.

As regards ESI coverage there is no age limit and the coverage has to continue till the wage limit is not exceeded.
As regards PF Coverage, the contribution under Employees Pension Scheme is only upto the age of 58 years and thereafter the entire contribution goes to PF and is eligible for pension. So also, as they have already crossed 58 years of age, such employees can get their final withdrawal and thereafter render themselves to be "excluded employees" under the PF Act. So no coverage is needed under PF Act thereafter.

From India, Mumbai
When you are taking already terminated employees of a firm into your firm, why to take above 60 years personnel?
If you need them and cannot dispense with their services temporarily also, take them as consultants by showing the pay as consolidated pay/retainer pay.

From India, Hyderabad
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