Applicability Of PF & ESI

sanjeevsalyani
Dear sir My question is that Is PF & ESI is Applicable on the owner of the company or they can be exempted
amit_lycos
It depends if your owner is on the rolls of the company, then all statutory complinace need to be taken care.
tushar.swar
Hi Sanjeev,
As per Provident Fund act.1952.
PF shall be applicable to all employees who are working with 20 or more that 20 employees strength of the organization. If owner of the company shows as employee so, we have to consider as member of PF.
As per Employees state insurance act.1948.
above mentioned eligibility is applicable to this act.
but, you can a void the same, if the gross salary is more than 10,000/- p.m. so, those employees will be not consider in ESIC.
For more details, you can revert me.
Thanks & Regards,
malikjs
dear sanjeev
your query is confusing and not clear .what do u want to ask make it clear.
tks
j s malik
shubhamsharmass
Dear,
If the owner'name is enrolled in the company records as a company employee , So that the all rules & reguation will be applicable on him.
saurav1314
Tushar
Rightly said ,one addition if basic is above Rs.6500/- it is not mandatory to become member of PF
brijesh.jadhav
Dear Malik Sir,
My one more question to you regarding PF applicability, if the factory and head office are located at different places and the PF code is taken from the head office location is it acceptable, and can the PF inspector of factory location can inspect that factory though the number is not taken under that area pf commisionarate.
Please guide.
regards
Brijesh
brijesh.jadhav
Dear Sanjeev,
For the purpose of the PF & MIsc. Provisions Act the owner of the firm cannot be said to be an employee of the firm as a person cannot be both an employer and employee. The ESIC is applicable to the employees drawing salary below Rs. 10000/-, since the owner do not draw salary he shall not be entitled for ESIC also.
regards
Brijesh
humanright
Dear Sir,
If the owner is proprietor of the company, PF & ESI is not applicable. You cannot enroll the Proprietor as employee of the company. Partners and Director's of the company may contribute to PF.
Regarding the factory not covered under PF, you can include the factory details in the main code and remittance may be started irrespective of the number of employees. When that area PF inspector visiting you can show the Form 6 return copy and shows the list of employees covered. But regarding ESI you have to get separate code number.
I hope it is clear.
D.D.NARASIMHAN
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