Dear All,
This absolutely right the Mr Madhu TK have been continuesly spoting to citeHR.I m in touch with him for last 4 or 5 month.I have done few important task for my Company with the help of Mr Madhu TK.I m so helpful for him.
With Best Regards
Monu Sharma:)
From India, Lucknow
2This absolutely right the Mr Madhu TK have been continuesly spoting to citeHR.I m in touch with him for last 4 or 5 month.I have done few important task for my Company with the help of Mr Madhu TK.I m so helpful for him.
With Best Regards
Monu Sharma:)
From India, Lucknow
It depends on few provision of EPS Scheme, which would like to discuss as below-
"Excluded Employee"-
who has been a memeber of provident fund has settled their PF account with the authorities in accordance with clause (a) or (c) under sub Para 1 of para 69 of the EPF Scheme, than they will be treated as "Excluded Employees".
or
an employee whose pay at the time he is otherwise entitled to become a member of the Fund, exceeds six thousand and five hundred rupees per month;
para (a) or (c) of sub para (1) 69 which provide as below-
"1) A member may withdraw the full amount standing to his credit in the Fund—
(a) on retirement from service after attaining the age of 55 years:
Provided that a member, who has not attained the age of 55 years at the time of termination of his service, shall also be entitled to withdraw the full amount standing to his credit in the Fund.
(c) immediately before migration from India for permanent settlement abroad or for taking employment abroad."
in view of this, in strict legal sense i think your question is quite complex and tricky, and PF authorities are trying to take benefit of absence of clear definition of excluded employee , as para (a) (1) of 69 speak about in case of employee who as attend the age of 55 or if less than 55 years, his services has been terminated. It does not speak about resignation or seperation due to other reasons.
However, para 26A of EPF Scheme quite helpful in this regard, which cleary provide as" Retention of Membership.—(1) A member of the Fund shall continue to be member until he withdraws under paragraph 69 the amount standing to his credit in the Fund or is covered by a notification of exemption under section 17 of the Act or an order of exemption under paragraph 27 or paragraph 27A.
Explanation.—In the case of claim for refund by a member under subparagraph (2) of paragraph 69, the membership of the Fund shall be deemed to have been terminated from the date the payment is authorised to him by the authority specified in this behalf by Commissioner irrespective of the date of claim.
means, a member shall be continued a member untill he withdraw the full amount in accordance of para 69, here it talks about para 69 as a whole, not selected provisions as mentione in definition of "Excluded Employee" and sub para 2 of para 69 cleary specify that "EPF authorities may permit a member to withdraw the full amount standing to his credit in the fund on ceasing to be an employee in any establishment to which the Act applies provided that he has not been employed in any factory or other establishment to which the Act applies for a continuous period of not less than two months immediately preceding the date on which he makes an application for withdrawal".
Now after withdrawal of fund the member cease to be a member on the day when payment is authorized to him in terms of explanation appended to para 26A.
if he cease to be a member on withdrawal of amount due to him, further after obtaining re-employment he need to qualify again for the member of fund and it shall be treated as a fresh membership.
on re-employment, if he is not qualified for applicability of Act, due to having wages more than 6500/- or some, he shall be treated a "Excluded Employee".
So its completely depends on presentation of your case to the PF authorities, in right way and their must be a gap of two month between the re joining of these employees, you can definitely successed in defending your self.
Regards
"Excluded Employee"-
who has been a memeber of provident fund has settled their PF account with the authorities in accordance with clause (a) or (c) under sub Para 1 of para 69 of the EPF Scheme, than they will be treated as "Excluded Employees".
or
an employee whose pay at the time he is otherwise entitled to become a member of the Fund, exceeds six thousand and five hundred rupees per month;
para (a) or (c) of sub para (1) 69 which provide as below-
"1) A member may withdraw the full amount standing to his credit in the Fund—
(a) on retirement from service after attaining the age of 55 years:
Provided that a member, who has not attained the age of 55 years at the time of termination of his service, shall also be entitled to withdraw the full amount standing to his credit in the Fund.
(c) immediately before migration from India for permanent settlement abroad or for taking employment abroad."
in view of this, in strict legal sense i think your question is quite complex and tricky, and PF authorities are trying to take benefit of absence of clear definition of excluded employee , as para (a) (1) of 69 speak about in case of employee who as attend the age of 55 or if less than 55 years, his services has been terminated. It does not speak about resignation or seperation due to other reasons.
However, para 26A of EPF Scheme quite helpful in this regard, which cleary provide as" Retention of Membership.—(1) A member of the Fund shall continue to be member until he withdraws under paragraph 69 the amount standing to his credit in the Fund or is covered by a notification of exemption under section 17 of the Act or an order of exemption under paragraph 27 or paragraph 27A.
Explanation.—In the case of claim for refund by a member under subparagraph (2) of paragraph 69, the membership of the Fund shall be deemed to have been terminated from the date the payment is authorised to him by the authority specified in this behalf by Commissioner irrespective of the date of claim.
means, a member shall be continued a member untill he withdraw the full amount in accordance of para 69, here it talks about para 69 as a whole, not selected provisions as mentione in definition of "Excluded Employee" and sub para 2 of para 69 cleary specify that "EPF authorities may permit a member to withdraw the full amount standing to his credit in the fund on ceasing to be an employee in any establishment to which the Act applies provided that he has not been employed in any factory or other establishment to which the Act applies for a continuous period of not less than two months immediately preceding the date on which he makes an application for withdrawal".
Now after withdrawal of fund the member cease to be a member on the day when payment is authorized to him in terms of explanation appended to para 26A.
if he cease to be a member on withdrawal of amount due to him, further after obtaining re-employment he need to qualify again for the member of fund and it shall be treated as a fresh membership.
on re-employment, if he is not qualified for applicability of Act, due to having wages more than 6500/- or some, he shall be treated a "Excluded Employee".
So its completely depends on presentation of your case to the PF authorities, in right way and their must be a gap of two month between the re joining of these employees, you can definitely successed in defending your self.
Regards
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