One of my employees resigned about 3-4 months before.At the time of resigning he had been registered for EPF and ESIC deduction and it was being deducted as per rule.Now he wants to rejoin but does not wants mandatory deductions of EPF and ESIC. My question is , is it possible to hire him in any form eg as a retainer, commission basis or consultant basis so that his mandatory epf and esic deduction can be omitted ?
From India, Noida
Dear ANNONYMOUS ,
if any employee who has withdrawn his previous PF accumulation and do not want to be a pf member in new employment, has to fill this declaration form. In another case any new employee has right to be excluded from such membership if his first wage/salary (Basic+DA) is more than 15000 /-pm and has withdrawn his previous PF accumulation or he never been a member of Any PF scheme previously.If we exclude any member from PF deductions,then it is mandatory to fill - declaration in form 11 of PF .
If employee getting gross salary more than ESIc ceiling limit then ESIC not appliacbale on particular employee whose getting salary >21000 /month.
If you could be engage him as retainer or consultant basis then epf and esic will not be mandatory but TDS will be deducted from monthly bill of retainer or consultant.

From India, Haldwani
Dear Sir,
Thanks for the insight, please help me clear my further confusion on the case:-
1) Is it mandatory for the employees to have withdrawan his/her earlier EPF to be retained as retainer or consultant ?
2) What will be the TDS % in case of retainer and/or consultant?
3)Apart from a basic retainer ship letter do we require any other documents to be submitted ?
4)By doing so will the organisation violates ant rule , if yes what is it?
Thanks in advance for the help :)

From India, Noida
Dear sir, My I know the how many PL can be Carry forwarded to next preceding you.
From India, Bangalore
Dear sir, My I know the how many PL can be Carry forwarded to next preceding year.
From India, Bangalore
Carry forwarding unutilised PL is as per the Leave policy/rules of the employer and the nature/ status of the enterprise. Tell us where you are employed, is’t a shop or factory/industry etc.
From India, Bangalore

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