Dear All
NEXT IMMEDIATE LEGAL QUESTIONS FOR INDIAN STAFFING OR TEMPING COMPANIES
Under what circumstances exemption can be given to an establishment from the operation of EPF Scheme :
Section 17 provides for it :
17. Power of exempt
(1) The appropriate government may by notification in the Official Gazette and subject to such conditions as may be specified in the notification exempt whether prospectively or retrospectively from the operation of all or any of the provisions of any Scheme :
(a) any establishment to which this Act applies if in the opinion of the appropriate government the rules of its provident fund with respect to the rates of contribution are not less favourable than those specified in section 6 and the employees are also in enjoyment of other provident fund benefits which on the whole are not less favourable to the employees than the benefits provided under this Act or any Scheme in relation to the employees in any other establishment of similar character or
(b) any establishment are in enjoyment of benefits in the nature of provident fund pension or gratuity and the appropriate government is of opinion that such benefits separately or jointly are on the whole not less favourable to such employees that the benefits provided under this Act or any Scheme in relation to the employees in any other establishment of a similar character :
Provided that no such exemption shall be made except after consultation with the Central Board which on such consultation shall forward its views on exemption to the appropriate government within such time limit as may be specified in the Scheme.
Sec 17 1 (a ) is with reference to exemption from PF Contribution and Sec 17 1 (b) is with reference to Pension and Gratuity.
The condition for exemption is that the Establishment claiming exemption is providing benefits to its employees the benefit provident fund ,pension or gratuity and the appropriate government is of opinion that such benefits are on the whole not less favourable to such employees that the benefits provided under the EPF Act or any Scheme in relation to the employees in any other establishment of a similar character .
Supposing a Scheme for PF ,Pension or Gratuity is framed by an Entity to be more beneficial than those provided in the EPF Act then the organization can file an Exemption Application with the Appropriate Govt and the Exemption can be granted after consultation with the Central Board .
Thanks & Regards
V.Sounder Rajan -
Advocates & Notaries -Legal Consultants
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
NEXT IMMEDIATE LEGAL QUESTIONS FOR INDIAN STAFFING OR TEMPING COMPANIES
Under what circumstances exemption can be given to an establishment from the operation of EPF Scheme :
Section 17 provides for it :
17. Power of exempt
(1) The appropriate government may by notification in the Official Gazette and subject to such conditions as may be specified in the notification exempt whether prospectively or retrospectively from the operation of all or any of the provisions of any Scheme :
(a) any establishment to which this Act applies if in the opinion of the appropriate government the rules of its provident fund with respect to the rates of contribution are not less favourable than those specified in section 6 and the employees are also in enjoyment of other provident fund benefits which on the whole are not less favourable to the employees than the benefits provided under this Act or any Scheme in relation to the employees in any other establishment of similar character or
(b) any establishment are in enjoyment of benefits in the nature of provident fund pension or gratuity and the appropriate government is of opinion that such benefits separately or jointly are on the whole not less favourable to such employees that the benefits provided under this Act or any Scheme in relation to the employees in any other establishment of a similar character :
Provided that no such exemption shall be made except after consultation with the Central Board which on such consultation shall forward its views on exemption to the appropriate government within such time limit as may be specified in the Scheme.
Sec 17 1 (a ) is with reference to exemption from PF Contribution and Sec 17 1 (b) is with reference to Pension and Gratuity.
The condition for exemption is that the Establishment claiming exemption is providing benefits to its employees the benefit provident fund ,pension or gratuity and the appropriate government is of opinion that such benefits are on the whole not less favourable to such employees that the benefits provided under the EPF Act or any Scheme in relation to the employees in any other establishment of a similar character .
Supposing a Scheme for PF ,Pension or Gratuity is framed by an Entity to be more beneficial than those provided in the EPF Act then the organization can file an Exemption Application with the Appropriate Govt and the Exemption can be granted after consultation with the Central Board .
Thanks & Regards
V.Sounder Rajan -
Advocates & Notaries -Legal Consultants
E-mail : rajanassociates@eth,net,
-9025792684-9025792634