Anonymous
Hi all, I have query regarding the PF deduction for 6-month intern. I have joined an organisation as a intern through the training and placement cell of my college during my period of degree in the college. After 1st month, it found in the payslip that PF is deducted. (even being an intern through college placement). Will it be of any issue for future employment? or is there any process, that I can complain to EPFO to remove the PF account, I am worried on this. Any advices/suggestions from the community will be greatly appreciated.

When asked HR, about this, it was been told that, it is not gonna be a issue.

From India, Gurgaon
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
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Hr Freelancer
Abhishek-dhingra1
Labour Law Advisor And Legal Consultant
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shami khan
5

Hi,
I will suggest you that go thru singed Contract/Agreement between you and Company.
If your contract is permanent than your are entitle for all salutatory compliance deduction from both sides.
Your company providing you PF facility its mean that they hired you as a permanent Employee.
Don't worry its seem every thing is as per law. The sources of employment is does not matter. Matter is agreement between you and company.

From India, Mumbai
Anonymous
Thanks Shami Khan for your response. But with the agreement with the company clearly states that, I am an 6 month intern and there is nothing mentioned about full time employment. This is the only agreement i have signed for. Now I am thinking to leave the company as my internship tenure is over.
From India, Gurgaon
Madhu.T.K
3771

As per law an intern is a student only and internship being a training as part of curriculum, they are excluded from PF and ESI. However, if the employer is extending the same to interns what is wrong in it? You should be happy that the employer has contributed PF. You can use the same PF Number (Universal Account Number or UAN) when you join an organisation after completing your studies. That will not create any problem in your future employment.
From India, Kannur
Anonymous
Thanks a lot for your response Madhu.
From India, Gurgaon
saswatabanerjee
2327

An intern placed through a college placement is a normal employee in most companies.
The internship which are exempt from PF are either through Apprentices Act or under NEEM.
Since you are under none, the company is right in deducting PF and crediting it to your account.

The fact that you have a PF account is a proof that you went through the employment / internship. It is a good thing, there is no reason to hide it or pretend it never happened.

From India, Mumbai
Madhu.T.K
3771

Interns are students from the college and the training given is as part of their curriculum and they are not trainees any way and as such there is no question of coverage of any EPF. As stated in my earlier reply, if the employer is paying stipend and PF is also contributed it is a benefit offered to the intern and not at all mandated by any law.
From India, Kannur
saswatabanerjee
2327

Madhu,
If they get a salary from the company (by whatever name called) and they are not trainees defined by standing orders, then they are employees in the eyes of the law.

You obviously disagree, so I would appreciate if you can clarify and explain why they are not employees (and therefore excluded from mandatory PF)

From India, Mumbai
Anonymous
Saswata, Thanks for your response, but i want to clear that, I am not still graduated. I am still a student. So can a student become an employee. I really dont have idea on this. This would be really helpful if I can get clarity on this
From India, Gurgaon
saswatabanerjee
2327

Any person who works at any enterprise for remuneration, is an employee, unless stated to be a trainee.
So you being a student, undergraduate or otherwise, does not stop you from being a student.

But please wait for Mr. Madhu to clarify on the matter as he has extensive knowledge on the subject.
As he has also said, your having received PF from the employee is a good thing, and you will not suffer for it.

From India, Mumbai

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.








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