Dear All,
We are associated with construction industry, thus are dealing with migratory labour, so can we exempt the worker from PF act if we show his Pf able salary more than 6500/- and tell me to fill the FORM-11 and take voluntary exemption form contribution and also the company does not have to contribute.
Advice
Regards
ashish
Sr. HRD
From India, Calcutta
10We are associated with construction industry, thus are dealing with migratory labour, so can we exempt the worker from PF act if we show his Pf able salary more than 6500/- and tell me to fill the FORM-11 and take voluntary exemption form contribution and also the company does not have to contribute.
Advice
Regards
ashish
Sr. HRD
From India, Calcutta
For Employees
For New Entrants:
Enrolment: An employee is eligible for membership from the day he joins the covered establishment.
If the employee’s emoluments exceed Rs. 6,500/- per month, he has the option to join the Scheme(s) with the consent of employer.
Declare previous employment details, if any, in Form No. 11 to the employer.
From India, Pune
For New Entrants:
Enrolment: An employee is eligible for membership from the day he joins the covered establishment.
If the employee’s emoluments exceed Rs. 6,500/- per month, he has the option to join the Scheme(s) with the consent of employer.
Declare previous employment details, if any, in Form No. 11 to the employer.
From India, Pune
For Employees
For New Entrants:
Enrolment: An employee is eligible for membership from the day he joins the covered establishment.
If the employee’s emoluments exceed Rs. 6,500/- per month, he has the option to join the Scheme(s) with the consent of employer.
Declare previous employment details, if any, in Form No. 11 to the employer. In the form 11 take the details of employee previous employment & filled by the employees signed by them & file it as office copy, Form-11 is given in EPFO office it is given free of cost. Fill the form when the employee is joined in your organisation.
This is for your information
From India, Bangalore
For New Entrants:
Enrolment: An employee is eligible for membership from the day he joins the covered establishment.
If the employee’s emoluments exceed Rs. 6,500/- per month, he has the option to join the Scheme(s) with the consent of employer.
Declare previous employment details, if any, in Form No. 11 to the employer. In the form 11 take the details of employee previous employment & filled by the employees signed by them & file it as office copy, Form-11 is given in EPFO office it is given free of cost. Fill the form when the employee is joined in your organisation.
This is for your information
From India, Bangalore
Dear Ashish,
I would like to illustrate the definition of Sec 2 (ff) and 2(fff) of EPF & MP Act, 1952
"Exempted employee means an employee to whom a scheme or the insurance scheme as the case may be would, but for the exemption granted under sec 17, have applied."
"Exempted establishment means an establishment in respect of which an exemption has beeen granted under sec.17 from the operation of all or any of the provisions of any scheme or the insurance scheme as the case may be whether such exemption has been granted to the establishment as such or to any person or class of persons employed therein"
While deciding about exemption under Sec.17 of EPF Act , PF authorities definitely tested the application whether proposal offerered better than the Scheme.
The Supreme court in Cemindia Co .ltd Vs Bachubhai N. Raval (1998 (1) LLJ Page No.138) held: Any such establishment which carries on an activity which forms part of the building and construction industry should naturally be exempted from the operation of the act because the expression building and construction industry refers collectively to all activities which have to be performed in connection with the building and construction industry.
In your case, on my opinio, If your company has been already covered under EPF Act,
1. you can n't escape from the clutches of law(EPF Act).Migratory labour also will be covered under EPF Act.
2. If you want to get exemption for particular class of employees by showing more than the prescribed wage limit(>6500) will be admissible by the law provided that, they should not cover the PF in the previous establishment also.
3. Under the protection of "Building and construction industry" you can apply for exemption.
Conradictory on the above, pl let me know.
Regards
D Pannerselvam
From India, Mumbai
I would like to illustrate the definition of Sec 2 (ff) and 2(fff) of EPF & MP Act, 1952
"Exempted employee means an employee to whom a scheme or the insurance scheme as the case may be would, but for the exemption granted under sec 17, have applied."
"Exempted establishment means an establishment in respect of which an exemption has beeen granted under sec.17 from the operation of all or any of the provisions of any scheme or the insurance scheme as the case may be whether such exemption has been granted to the establishment as such or to any person or class of persons employed therein"
While deciding about exemption under Sec.17 of EPF Act , PF authorities definitely tested the application whether proposal offerered better than the Scheme.
The Supreme court in Cemindia Co .ltd Vs Bachubhai N. Raval (1998 (1) LLJ Page No.138) held: Any such establishment which carries on an activity which forms part of the building and construction industry should naturally be exempted from the operation of the act because the expression building and construction industry refers collectively to all activities which have to be performed in connection with the building and construction industry.
In your case, on my opinio, If your company has been already covered under EPF Act,
1. you can n't escape from the clutches of law(EPF Act).Migratory labour also will be covered under EPF Act.
2. If you want to get exemption for particular class of employees by showing more than the prescribed wage limit(>6500) will be admissible by the law provided that, they should not cover the PF in the previous establishment also.
3. Under the protection of "Building and construction industry" you can apply for exemption.
Conradictory on the above, pl let me know.
Regards
D Pannerselvam
From India, Mumbai
Dear Sir,
If he is already member of P.F. and contributing to PF, you have to continue him in PF membership by restricting his contribution to Rs.6500/-.
If he is new person, drawing above Rs.6500/-, you can exempt him from membership. It is valid in Law.
D.Gurumurthy
LL,HR&IR Consultant
From India, Hyderabad
If he is already member of P.F. and contributing to PF, you have to continue him in PF membership by restricting his contribution to Rs.6500/-.
If he is new person, drawing above Rs.6500/-, you can exempt him from membership. It is valid in Law.
D.Gurumurthy
LL,HR&IR Consultant
From India, Hyderabad
Dear Ashish,
Form 11 is to declare that the employee is "Excluded Employee" as he withdraws more than Rs.6500/- and should have possess any of the following :
have withdrawn the amount of my Provident Fund/Pension Fund.
have never been drawn any superannuation benefits in respect of my past service from any employer.
have never been a member of any Provident Fund and/or Pension Fund.
not drawing Pension under EPS 95.
not holder of scheme Certificate.
If any the employee's basic wages is more than Rs.6500 and if he falls under any of the above, on mutual concern between employer and employee, that employee may avail the benefit of Non coverage under PF as an Excluded employee.
pl. dont confuse with Exemption, its different from exclusion.
Regards,
Sridharan J
From India, Madras
Form 11 is to declare that the employee is "Excluded Employee" as he withdraws more than Rs.6500/- and should have possess any of the following :
have withdrawn the amount of my Provident Fund/Pension Fund.
have never been drawn any superannuation benefits in respect of my past service from any employer.
have never been a member of any Provident Fund and/or Pension Fund.
not drawing Pension under EPS 95.
not holder of scheme Certificate.
If any the employee's basic wages is more than Rs.6500 and if he falls under any of the above, on mutual concern between employer and employee, that employee may avail the benefit of Non coverage under PF as an Excluded employee.
pl. dont confuse with Exemption, its different from exclusion.
Regards,
Sridharan J
From India, Madras
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