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I have been working in a private school from last 11 years on contractual basis. My pf was getting deducted from my salary every month. However recently I was told that my pf will not be deducted from my salary as only permanent employees can have this deduction not the contractual employees.. please clarify my doubt.
From India, New Delhi
Hi Uma C.
Every employees' PF contribution has to be deducted & remitted to the respective UAN a/c irrespective whether they are permanent or temporary or contractual. However in respective of those drawing gross salary of > Rs.15000 only employers need not deduct EPF contribution.
Pl.see the definitions -Employer & Employee attached.
Following is a reference on the subject -
"Whether Provident Fund Act is applicable to educational institutions ?
Yes. Provident Fund Act is applicable to educational institutions in India as provided in Para (xcvi) of The Employee’s Provident Fund Scheme, 1952 (“…as respects the educational, scientific, research and training institutions specified in the notification of the Government of India in the Ministry of Labour No. S.O. 986, dated the 19th February 1981, published in Whether Provident Fund Act is applicable to educational institutions
Yes. Provident Fund Act is applicable to educational institutions in India as provided in Para (xcvi) of The Employee’s Provident Fund Scheme, 1952 (“…as respects the educational, scientific, research and training institutions specified in the notification of the Government of India in the Ministry of Labour No. S.O. 986, dated the 19th February 1981, published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated the 6th March 1982”).
The Notification was challenged by the Management of D.A.V College and some other institutions and the applicability of the Act was questioned in the matter of DAV College V/s RPFC (Writ Petition Nos. 6976 and 8000-01 of 1982, 2834, 5852, 5333-55, etc. of 1983 and 12791-94, 12642-54 and 1603 of 1984), as decided on 29.01.1988, where it was held that the Provident Fund Act is applicable to educational institutes.
The Supreme Court, in the above matter held –
“We do not find any substance in the contention of the petitioners in these cases that the Employee’s Provident Fund and Miscellaneous Provisions Act, 1952 has no application to the educational institutions who are petitioners in these cases. We, therefore, dismiss all these cases.”
The Court further said, “We direct that the petitioners shall comply with the Act and the schemes framed there under regularly with effect from 1.2.1988…”
The Notification was challenged by the Management of D.A.V College and some other institutions and the applicability of the Act was questioned in the matter of DAV College V/s RPFC (Writ Petition Nos. 6976 and 8000-01 of 1982, 2834, 5852, 5333-55, etc. of 1983 and 12791-94, 12642-54 and 1603 of 1984), as decided on 29.01.1988, where it was held that the Provident Fund Act is applicable to educational institutes.
The Supreme Court, in the above matter held –
“We do not find any substance in the contention of the petitioners in these cases that the Employee’s Provident Fund and Miscellaneous Provisions Act, 1952 has no application to the educational institutions who are petitioners in these cases. We, therefore, dismiss all these cases.”
The Court further said, “We direct that the petitioners shall comply with the Act and the schemes framed there under regularly with effect from 1.2.1988…”

From India, Bangalore

Attached Files
File Type: docx EPFO-Employer & Employee definitions.docx (11.0 KB, 15 views)

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