How Can I Officially Employ a Deaf and Mute Worker Who Wants PF Deductions?

Mahendra Singh Parihar
I am also facing the same problem in my factory with an employee who is deaf and mute and works as a sweeper but wishes to have her PF deducted. How can I appoint her as a confirmed employee? In the meantime, we are paying her without including her name in the payroll. Please advise!

Regards
vang_vinay
Hi Mahendra, you can issue her a confirmation letter and include her in your payroll list of employees. It is not advisable to pay her in cash. As Shuaib mentioned, organizations with 20 or more employees should opt for PF.
korgaonkar k a
You have had no issues with the performance of your employee who is deaf and mute so far. She completes the work assigned to her diligently, yet you fail to provide her with the appropriate salary and benefits she is entitled to. This is not only unjust but also illegal. When you engage someone to carry out tasks for you, it is essential to compensate them fairly and provide them with the legal benefits they deserve. Just as your services are acknowledged, her contributions should be equally recognized.

Thank you.
Mahendra Singh Parihar
Thank you for your valuable reply! My question is not about being unfair to the employee, but can we appoint her under the Factory Act? As per my knowledge, due to the risk factor, a person who is deaf and mute has a higher risk while working, and the factory must take additional safety measures for such employees. Please advise!

Regards.
korgaonkar k a
There is no provision in the FA which disqualifies the employment of any handicapped person. However, you are correct in pointing out that a deaf and mute person may face more risks working in a factory from a safety standpoint. As a safety precaution, you can prohibit such a person from being near machines or machinery in motion.

You can certainly employ such a person and provide appropriate training. The individual has been employed with you to date, and you are satisfied with her performance, hence the question of confirming her services and ensuring her entitlement to PF, etc.

Please confirm her services and provide her with all statutory entitlements. She is eligible for all entitlements, so please do not prevent her from employment or her due entitlements. May God bless you and your company for the noble work of providing employment to such individuals.
korgaonkar k a
If the ESI Act is applicable to your company, then the employee is covered under the ESI Scheme for salaries up to Rs. 25,000. This means ESI is mandatory for salaries up to Rs. 25,000 in this case.

Government Incentives for Employing Persons with Disabilities

You are entitled to certain incentives from the Government if you employ such a person, as follows:

1. You do not need to pay the EPF employer share for up to three years. The Government will cover your share.
2. You do not need to pay the ESI employer share for up to three years. The Government will cover your share.

Regards
Mahendra Singh Parihar
Thanks for your reply! Now, one more question: Is the enrollment in EPF and ESIC the same as for a normal employee, or do we need to submit some additional forms and certificates to the said office? Please guide.
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