Dear Sir,
We are engaged in the business of garment export in Gurgaon (Haryana) and are also covered under the EPF Act of 1952. Some of our employees have resigned from their services and withdrawn their PF amount. After some time, they have rejoined the services with a higher salary, i.e., above the PF ceiling limit (6500), and are treated as excluded employees. During the course of inspection, PF authorities insist on contributions from the said excluded employees. I seek your opinion on whether they are PF members or not.
From India, Gurgaon
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We are engaged in the business of garment export in Gurgaon (Haryana) and are also covered under the EPF Act of 1952. Some of our employees have resigned from their services and withdrawn their PF amount. After some time, they have rejoined the services with a higher salary, i.e., above the PF ceiling limit (6500), and are treated as excluded employees. During the course of inspection, PF authorities insist on contributions from the said excluded employees. I seek your opinion on whether they are PF members or not.
From India, Gurgaon
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Since they have already withdrawn the PF accumulations and closed the accounts, they are not existing members of Provident Fund. Therefore, if they join a new company or the same company where they were previously employed, they should be treated as new employees. If their salary (considering PF qualifying components like Basic and DA) exceeds Rs 6,500, they can be treated as excluded employees. You may write to the PF Enforcement Officer who, I believe, has verbally ordered you to include them, despite them having already withdrawn their PF accumulations and no longer being PF members upon rejoining.
In this regard, one more clarification is required. If they were employed for more than 10 years in your company during their previous service period, then the situation would be different. If so, they would have withdrawn the Provident Fund only, and for the Pension Fund, they would have received a Scheme Certificate. This certificate is expected to be surrendered when they join another company (or return to the same company). Upon rejoining now, they are expected to be covered by PF regardless of their salary.
Regards,
Madhu.T.K
From India, Kannur
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4489In this regard, one more clarification is required. If they were employed for more than 10 years in your company during their previous service period, then the situation would be different. If so, they would have withdrawn the Provident Fund only, and for the Pension Fund, they would have received a Scheme Certificate. This certificate is expected to be surrendered when they join another company (or return to the same company). Upon rejoining now, they are expected to be covered by PF regardless of their salary.
Regards,
Madhu.T.K
From India, Kannur
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Respected Sir,
Kindly confirm the eligibility of gratuity with regard to a company which has been in existence since 2001 and acquired 10 employees in the month of September 2010. Kindly confirm from which date gratuity will be applicable to this company.
A person who joined this company in April 2009 and resigned in June 2012 - will he be eligible for gratuity from this company.
From India, Gurgaon
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Kindly confirm the eligibility of gratuity with regard to a company which has been in existence since 2001 and acquired 10 employees in the month of September 2010. Kindly confirm from which date gratuity will be applicable to this company.
A person who joined this company in April 2009 and resigned in June 2012 - will he be eligible for gratuity from this company.
From India, Gurgaon
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you should also have to fill form No 11 in r/o all excluded employees will use full at the time of inspection Regards Vikram Trivedi PF ESIC CONSULTANT Cell No.: 8898841995
From India, Mumbai
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From India, Mumbai
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Dear Sir,
My query pertains to ESI recovery period limit.
A. Whether ESIC is able to recover damages and interest on challans made over five years ago, whereas the Act provides a five-year limitation.
B. Whether ESIC can recover on monthly contribution challans made over five years ago and not paid yet.
From India, Gurgaon
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My query pertains to ESI recovery period limit.
A. Whether ESIC is able to recover damages and interest on challans made over five years ago, whereas the Act provides a five-year limitation.
B. Whether ESIC can recover on monthly contribution challans made over five years ago and not paid yet.
From India, Gurgaon
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The Limitation Act is not applicable to ESI. Damages and interest raised against the employer need to be paid. Similarly, monthly contributions not paid are liable for payment, whereas the Act provides a five-year limitation. Could you please elaborate on the limitation of five years as mentioned in the ESI Act?
From India, New Delhi
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From India, New Delhi
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Provident Fund - Excluded Employee - Definition.pdf
What is Employee Provident Fund.docx