Re: Regarding Mr Madhu TK

Dear Sir
we are engaged in the bussiness of garment export at Gurgaon (Haryana) and also covered under EPF Act. 1952. some of our employees resiged the services and withdrawal the pf amount. after some time they have rejoined the services with higher salary i.e above the pf ceilling limit (6500) and treated as exluded employees. during the course of insection pf authorities insist for contribution of said excluded emplyees. i seek your opinion as such whether they are pf member or not.

Since they have already withdrawn the PF accumulations and closed the accounts, they are not existing members of Provident Fun and therefore, if they join a company or the same company where they were employed, they should be treated as new employee and if their salary (PF qualifying salary like Basic and DA) exceeds Rs 6500, you can be treated as excluded employee. You may write to PF Enforcement Officer who has verbally ( I believe no official communication has been given to you) ordered you to bring them under cover that they have already withdrawn the PF accumulations and are not PF members on joining now.

In this regard one more clarification is required. If they were employed for more than 10 years in your company during their previous period of service, then the story will be different. If so they would have withdrawn the Provident Fund only and the against Pension Fund, they would have got Scheme Certificate which is expected to be surrendered when they join another company (or the same company) and when they rejoin now, they are supposed to be covered by PF irrespective of their salary.

Regards,

Madhu.T.K

Respected Sir,
Kindly confirm the eligibility of gratuity with regard to a company which is in existence since 2001 and has acquired 10 employees in the month of sep 2010. [/B] Kindly confirm from which date gratuity will be applicable to this company. A person who joined this company in Apr 2009 and resigned from this company in the month of Jun 2012. Will he be eligible for gratuity from this company.

you should also have to fill form No 11 in r/o all excluded employees
will use full at the time of inspection
Regards
Vikram Trivedi
PF ESIC CONSULTANT
Cell No.: 8898841995

Dear Sir
My query pertains to Esi Recovery period limit
A. Whether Esic able to recover damages and interest on challan which made over five year ago. whereas Act provides five years Limitation.
B. Whether Esic can recovery on monthly contribution challans which made over five year ago and not paid yet.

The limitation Act is not applicable to ESI.
Damages & interest raised against Employer need to be paid.Similarly Monthly Contributions not paid are liable for payment
whereas Act provides five years Limitation? Please elaborate regarding Limitation of 5 Years as mentioned in ESI Act

Respected Sir
Kindly confirm the eligibility of minimum wages to private school teachers in haryana.