If employees do not attend work due to no work on-site (lockdown period/nonessential work) and their PF contributions have not been made for more than 3 months (salaries also not given to employees), is there a rule regarding PF that requires employees to mark an exit from service and show a new joining date from today? What impact will this have on gratuity?
From India, Mumbai
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From India, Mumbai
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With regard to gratuity
Since you have not terminated the employee, they continue to be in continuous service (no service break) even though you have not paid their salary. (I am assuming that they are now back to work). This means that when they leave in the future, their entire work period will be considered, including the period during which no salary was paid.
I am not sure about PF, but I do not think there is any such rule. This will just be a non-contributory period.
From India, Mumbai
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2508Since you have not terminated the employee, they continue to be in continuous service (no service break) even though you have not paid their salary. (I am assuming that they are now back to work). This means that when they leave in the future, their entire work period will be considered, including the period during which no salary was paid.
I am not sure about PF, but I do not think there is any such rule. This will just be a non-contributory period.
From India, Mumbai
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LEGAL IMPACT ON PF - INTERNATIONAL WORKERSppt.pdf