Hi All,

Please clarify the below query:
About employee provident fund related laws and regulations? What is the official procedure to implement them in a company?

Regards,
Amit
augamitmishra@gmail.com

From India, Delhi
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Dear Amit,

Regarding your query about implementing PF for your employees, the following steps need to be taken:

1. If your establishment has 20 or more employees working on any day in the past twelve months and falls under the scheduled category of employment, you must cover the employees under the provisions of the EPF Miscellaneous Provisions Act - 1952 Rules.

2. The employer should submit Form-1 (Registration Form) along with relevant documents such as copies of the Certificate of Incorporation under the Companies Act, Factory License, first copy of the Sales invoice, CST, PAN, TIN, Memorandum of Articles of Association, List of Directors, List of Branch Offices, and Depots if your organization has any, to the concerned office for obtaining a code number for coverage.

3. The employer also needs to submit their particulars along with Form-1.

4. Once your organization obtains the PF Code Number, you must comply accordingly with the provisions of the PF Act - 1952 Rules.

Regards,
V R RAO PULIPAKA

From India, Bangalore
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Dear Mr. Mishra,

You have to apply to the regional PF commissioner to obtain a code number. Thereafter, you have to deduct 12% of the basic salary and DA from the employee's salary and contribute an equal amount, depositing it into the employee's account each month. The PF authorities issue PF slips, and you are also required to file the return of contributions paid by you to the PF office.

From India, Pune
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Dear All,

This is Murali. I have a small doubt on PF contributions. We have an employee, and have been paying PF to him. By November 2011, he crossed the age of 58 years. The PF Act shows that beyond 58 years, there is no need to contribute to PF. But in his case, whether we have to continue by keeping the pension (i.e., 8.33% showing in EPF) or we can permanently remove his name from PF.

Request you to please clarify this for me immediately.

Thank you.

From India, Hyderabad
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Dear Dr. Chandok,

My query is specifically for you regarding the applicability of Provident Fund (PF) on employees of an agency that provides transport facilities to employees of an organization covered by the PF Act. Could you please clarify this for me?

Best Regards,
Ravinder Singh
09811144445

From Singapore, Singapore
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Dear Mr. Murali,

Regarding your query on PF, you can continue a member in PF who has attained 58 years of age, i.e., retirement or superannuation, but he is not eligible to claim Pension under EPS/FPS-95 Scheme under the provisions of EPF Act 1952 Rules. You can delete the column 8.33% in Form 3A (Annual Return) and substitute employer contribution and employer contribution only in the return.

Regards,

V. R. RAO PULIPAKA

From India, Bangalore
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Dear Mehlawat ji,

I think you are inquiring about compliance regarding contractor employees. The agency supplying transport facility to the employees of a covered establishment is also supposed to report compliance concerning its own employees through the principal employer, if not covered independently. Otherwise, the principal employer will be held responsible for compliance regarding contractor employees. However, there are exceptions to this in the case of contractors of educational establishments, as per certain decisions of a few courts. Ultimately, compliance is required regarding contractor employees.

Chandok

From India, Chandigarh
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Dear Dr. Chandok,

I really appreciate your opinion. I would be obliged if you could also opine about the following connected queries:

1. If the transporter (Contractor agency) is providing only pick and drop facility to employees of a covered est. and during the day the same transport agency works for other similar establishments, in this case, is the principal est supposed to cover the employees of the transport agency?

2. If yes, then the employees of such a transport agency will get coverage from more than one establishment for the same day. How should this be handled?

Please opine.

Best regards,
Ravinder Singh
9811144445

From Singapore, Singapore
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