Dear Mr.Vinay,
PF is a mandatory statutory compliance that need to be complied with for all employees, whether they opt in or opt out. If PF authorities inspect the premises and verify PF documents, they question the employer not the employee. Employer will be held liable for not including all employees under PF Scheme. It is for their benefit only, such schemes are introduced. I understand that Form-11 is not for employees who are willing to opt out of PF scheme.
The interpretation is different. I have given below Form-11
FORM 11 (Revised)
(For unexempted Establishment only)
Declaration by a person taking up employment in an establishment in which the
Employees’ Provident Fund and Family Pension Fund Scheme are in force:
I .................................................. ...... ** son/wife/daughter of ..............................................
(Name)
* hereby solemnly declare that–
(a) I was last employed in .................................................. ...........................................
(Name and full address of the establishment)
and left service on ..........................(prior to that I was employee)...........................
from ............................. date to .................................. date
**(b) I was a member of .................................................. .............................. provident fund
**and also of the Family Pension Fund from ..................... to ..................... and
** but not
my account number(s) was/were ........................./.........................../........................./
**(c) I have/have not withdrawn the amount of any Provident Fund/Family pension Scheme.
**(d) I have/have not drawn any superannuation benefits in respect of my past service from any employer.
(e) I have never been a member of any Provident Fund and/or Family Pension Scheme.
(f) I am drawing/not drawing pension under EPS 1995.
(g) I am a holder/not holder of Scheme Certificate.
(h) Scheme certificate surrendered/not surrendered.
Signature or **right /left hand
Date:............ thumb impression of the employee.
__________________________________________________ _______________________
(To be filled in by the employer only when the person employed had not already been a member of the Employees’ Provident Fund)
Shri.............................................. ...... is appointed as .................................................. ..
(Name of the employee) (Designation)
in .................................................. .................................................. ................................
(Name of the Factory/Establishment)
with effect from.............................................. .................................................. ..............
(date of appointment)
Date of completion of 120 actual working days in a period of 6 months or less or six months’
continuous service or date of confirmation
From ...... to....... No. of days worked whichever is earliest. Date of admission as member of Employees’ Provident Fund.............
.................................................. .
Account No............................
Date: Signature of the Employer or Manager or other
Authorised Officer.
*(1) Strike out whichever is not applicable.
N.B.:– The principal employer should have filled it up also in respect of employees to be employed by or through a contractor.
(For Unexempted Establishment only)
Contract Rest Total
Total No. of Employees.....................................
Total No. of Subscribers....................................
It is better to counsel the employees who wish to opt out of PF scheme, that paying PF is good for their financial well-being.
With regards,
Madhusudan