Is the employee definition the same in EPF and ESI law? Whether a person covered under ESI is also covered under EPF or vice versa?

For example, if an individual has a salary of 14,000 and the employer deducts ESI but not EPF, is this incorrect?

From India, Noida
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ESI and EPF are two different schemes, and have no correlation! Have you tried inquiring with your employer on why they are not deducting PF?
From India, Delhi
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Glidor
651

if the establishment is covered under EPF act then they have to deduct. or the employee may have exceeded 57 yrs of age

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Hi Rahul, thanks for reply. No the employer has no explanation, may be it is just their old practice and nobody questioned it.
From India, Noida
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I am asking from practical viewpoint. Whether one person covered under ESI is practically covered under PF also.
From India, Noida
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Glidor
651

if the employee is over 57 yrs of age, then can not be added as EPF member

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As there is new shram suvidha portal for combined ESI & EPF return. Does this mean that if one employee is covered under one Act is theoretically covered under other Act also?
From India, Noida
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Glidor
651

@manish, be practical. There may be employees earning over 21,000/- on average monthly who are excluded from ESIC. Similarly, there would be many who are over 58 and do not have any UAN, so they may get excluded from EPF. Shram Suvidha is a register and return submission portal; it does not enforce the rules and laws.

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Thank you Sharma Ji.

My bad, I couldn't explain it. I meant, could there be a situation where a person is an "employee" as per ESI law but not as per EPF law or vice versa? Ignore the salary limit or if he's getting 12000 p.m.

From India, Noida
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@Manish if the employee has no previous EPF a/c / UAN and have exceeded 58 yrs of age, then EPF does not comes to picture, only ESIC is applicable

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Thank you. Can there be any other situation other than age limit?
From India, Noida
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Dear All,

The EPF threshold limit is Rs. 15,000/- and ESI threshold limit is Rs. 21,000/-. If any person has less than Rs. 15,000/-, they should be covered under both Acts. If any person has more than Rs. 15,000/- but less than Rs. 21,000/- in wages, or more than Rs. 21,000/-:

1. If the person is in their first employment, they are covered only under ESI.
2. If the person is already a member of EPF, they should be covered under both Acts (ceiling for EPF is Rs. 15,000/-).
3. If the person is earning more than Rs. 21,000/-, they will be covered under EPF as per point No. 2, and ESI will also be covered until the end of the contribution period.
4. There is no age bar for coverage under EPF. The age bar is only for the pension fund. Contributions to EPF can continue for superannuated individuals.

Regards,
Kaleswara Rao

From India, Guntur
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"...should have to..." Thank you for this clarification. Regards Manish
From India, Noida
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