Industrial Relations And Labour Laws

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Our organisation has 18-20 employees drawing salary above Rs.21500 per month. And our organisation is exempted from the PF/ESIC.
Please explain whether our organisation has to declare or the individual employee has to make the declaration to OPT out of PF.
Please suggest on part of company what we must be doing and on part of employee what they must be doing.
Also many of them have not got PF account from previous employers.

From India, Mumbai
Since your establishment is an exempted establishment, the manner in which membership is allowed etc will be according to the Trust Deed. Please refer the trust guidelines. The rules and regulations of the Provident Fund Trust of the exempted establishments will differ from establishments to establishments. Therefore, we are not in a position to give you an advise just on the basis of the plain reading of the post.
In the case of employees who have joined your establishment after having worked in other unexempted establishments you have to give them coverage even though their salary is more than Rs 15000. This again it strictly dependent on the Trust Guidelines but I am afraid there is no chance of getting any exception from coverage of PF Act if your establishment's PF Trust guidelines provide that no employee can join PF if his salary is more than Rs 15000. Normally, the PF authorities will grant exception only when the scheme of your own PF is better than that of Employees Provident Fund Organisation. Therefore, please refer the deed in detail and get back to us

From India, Kannur
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