Seeking Legal Advice on ESI and PF Deductions
There is a situation at my company's Noida branch. All the employees have a salary between 6,500 and 15,000; hence, until September's ruling, the selected few were exempted from PF (by employee choice) and had ESI. Now, even after the new ruling, these few employees do not want PF deducted but want to continue with their ESI. Please suggest if there is a legal way out wherein there is only ESI deduction/contribution.
Looking forward to valuable suggestions.
Thank you,
Regards,
Simer
From Oman
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There is a situation at my company's Noida branch. All the employees have a salary between 6,500 and 15,000; hence, until September's ruling, the selected few were exempted from PF (by employee choice) and had ESI. Now, even after the new ruling, these few employees do not want PF deducted but want to continue with their ESI. Please suggest if there is a legal way out wherein there is only ESI deduction/contribution.
Looking forward to valuable suggestions.
Thank you,
Regards,
Simer
From Oman
Acknowledge(0)Amend(0)
In the situation as mentioned by you, there is no "legal way out."
The provisions of EPF & Miscellaneous Provisions Act, 1952 are statutory, and compliance is required to be made. In case of non-compliance, the principal employer or occupier of the unit as mentioned in the said Act is liable for prosecution, interest, and damages as the case may be.
From India, Noida
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944The provisions of EPF & Miscellaneous Provisions Act, 1952 are statutory, and compliance is required to be made. In case of non-compliance, the principal employer or occupier of the unit as mentioned in the said Act is liable for prosecution, interest, and damages as the case may be.
From India, Noida
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PF Contribution on Leave Encashment - Clarification by EPFO.pdf
PF & ESI.zip