Trainees Drawing Stipend Are Eligible For EPF?

kap_il_007
Dear Mr. Rajan,
We are PF and ESI Consultants in New Delhi for last 10 years.
In response to your query, in simple terms I can expalin it.
Please note, there is no need to Deduct PF 'ONLY IF THE TRANEE / APPRENTICE IS SPONSORED BY SOME GOVT. ORGANISATION / INSTITUTE ETC.' for example is a person is studying in some Govt. Institution and joins you as apprentice through that Institute / organisation, in that case PF is not deductable.
In all other cases PF is Liable to be deducted no matter whatever is the nature of work (full time / part time / tranee etc.).
Regards,
Kapil...
debajyotigoswami
Dear Kapil,
Thanks for your post.
What is your suggestions regarding ESI to trainees? I know they are eligible for both PF and ESI but I don't have any documentary evidence to prove it. Can you please reply me with all details.
Thanks & Regards
Debajyoti
skarnam
Yes only who are under apprenticeship, they are not eligible for EPF. rest all other all eligible for EPF.
If we consider for petty work taken on contract, they deamad for pf and ESi why not for trainees.
shankar karnam
HRprof
Hi Friends
Want to if ESI is applicable to a software company. Though most of our employees are drawing more than 10K, about 4-5 fall below that cut-off (including all allowance, except Conveyance & medical reimbursement).
Help me out figure whether we need to register under ESI. To add, we have a medical insurance cover for all employees.
regards
Jeena
debajyotigoswami
Hi Jeena,
If there are only 3-4 persons eligible for deduction of ESI, and if there is no chance of increase in near future, Just increase their salary to finish ESI obligation.
thanks
Debajyoti
captvikas
Dear Devjyoti,
It has been decided by the courts that trainees are not employees and are not covered by
the EPF Act. The court has held that stipend paid is not wages. It must be noted that
trainees were recruited under a particular Training Scheme and there was no guarantee of
employment after completion of the training period and that they were not entitled to
other benefits, which were available to other permanent employees.
These aspects have
been decided in Sri Rama Vilas Service Ltd. V RPFC 2000 –I-LLJ-709(Mad) and
Gandhi Vinita Ashram v PFC 1996 (1) CLR 1140 (P&H).
Regards,
Capt Vikas Pareek
vishnu_lex
Trainee and apprentices are covered under the act unless the company has a certified standing order. Then with respect towage limit if 6500 is concerned . the act is very clear all employees would be covrred till 6500. Over and above the same it becomes optional whether to contribute than 6500 or not. But mere fact that an employee or trainee receives more than 6500 will not make him exempted.
For eg if an employee is paid 7000. Employer and employee would be liable to contribute till 6500 . it is mandatory. But for the remaining 500 alone it becomes optional. So there is no question if exempting trainee or employee just because he or she is paid more than 6500.
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