One of our employee who is about to join us with a Basic more than 15,000/- request to exclude from PF. Is it legal for us to accept this.
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EPF Exclusion for Employees with Previous EPF or UAN
If the employee has any previous EPF or UAN, they cannot be excluded. The employer must offer Form 11 to the employee. The employee will fill in the details there and return it to the employer (this is mandatory).
Request for Exclusion from EPF
Now, if the employee has filled in NIL or Not applicable in previous EPF details, they must submit a request to the employer for their willingness not to join the EPF. Upon receipt of such a request, the employer may consider keeping the employee out of EPF coverage, provided their basic salary plus DA exceeds 15,000/- (very soon it will be extended to 21,000, as per the labor ministry news).
Employer's Obligation
Employers have no option to exclude the employee themselves; they must offer the facility uniformly to all their employees.
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651If the employee has any previous EPF or UAN, they cannot be excluded. The employer must offer Form 11 to the employee. The employee will fill in the details there and return it to the employer (this is mandatory).
Request for Exclusion from EPF
Now, if the employee has filled in NIL or Not applicable in previous EPF details, they must submit a request to the employer for their willingness not to join the EPF. Upon receipt of such a request, the employer may consider keeping the employee out of EPF coverage, provided their basic salary plus DA exceeds 15,000/- (very soon it will be extended to 21,000, as per the labor ministry news).
Employer's Obligation
Employers have no option to exclude the employee themselves; they must offer the facility uniformly to all their employees.
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