Hi Members and friends
One of my client is running couching class (training ), the existing no of the employees are more than 22 (for headcount ) and apart from the 22 employees the client is taking some professional as gust faculties . consideration for gust faculties paying as a Professional fees and deducting income tax – TDS u/s 194J as Professional fees. With the Gust faculties my client entered an agreement called “The Knowledge transfer “ Based on the agreement the visiting faculties are taking the class and my client paying.
For the above said gust faculties are liable to cover under PF and ESI
Please send me any case laws under PF and ESI for the above said facts.
From India, Bangalore
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1One of my client is running couching class (training ), the existing no of the employees are more than 22 (for headcount ) and apart from the 22 employees the client is taking some professional as gust faculties . consideration for gust faculties paying as a Professional fees and deducting income tax – TDS u/s 194J as Professional fees. With the Gust faculties my client entered an agreement called “The Knowledge transfer “ Based on the agreement the visiting faculties are taking the class and my client paying.
For the above said gust faculties are liable to cover under PF and ESI
Please send me any case laws under PF and ESI for the above said facts.
From India, Bangalore
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PF Details and Knowledge:-
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952:
The act provides for the institution of provident funds:
1. Employees' Provident Fund Scheme, 1952
2. The Employees' Pension Scheme, 1995
3. The Employees' Deposit Linked Insurance Scheme, 1976
Establishments, whether unexempted or exempted, have to comply with the Regional Provident Fund Commissioner.
The primary form all have to ensure is Form 2: Nomination and Declaration Form (subscriber and employer have to ensure).
Form 3: Contribution card for the currency period from... to... (for unexempted establishments).
Form 3A: Contribution card for the currency period from 1st... to 30/31st... (for unexempted establishments).
Form 5: Return of employees qualifying membership.
Form 5A: Return of ownership.
Form 6: Return of contribution cards.
Form 9: Return of employees.
Form 10: Return of members leaving services.
Form 12: Statement of contribution for the month...
Form 13: Application for transfer of EPF account.
Form 13A: Application for inter-regional transfer of accounts.
Form 19: Settlement.
Form 20: Withdrawal by minor/deceased member.
Form 31: Application for advance.
Form 1(IF): Return of employees entitled and required to become members of the insurance fund.
Form 2(IF): Employees entitled for membership.
Form 3(IF): Return of members of the insurance fund leaving services.
Form 5(IF): To be used by nominee/legal heir.
Form 12A: Return.
Form I: Return by exempted establishment.
You can use these calculators for Gratuity:
http://ndtv.com (link updated to site home) - Gratuity
About ESIC:
Applicability of the Act and Scheme:
Is extended in areas to factories using power and employing 10 or more persons and non-power using manufacturing units and establishments employing 20 or more persons up to Rs. 10,000/- p.m. W.E.F. 1.10.2006. It has also been extended to shops, hotels, restaurants, roads, motor transport undertakings, equipment maintenance staff in hospitals.
Coverage of employees drawing wages up to Rs. 10,000/- p.m. engaged either directly or through a contractor.
Rate of contribution of the wages:
Total: 6.5%
Employers: 4.75%
Employees: 1.75%
Thanks and Regards,
Sudhir Singh Rawat
9821443636
Mumbai
From India, Pune
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The Employees' Provident Funds and Miscellaneous Provisions Act, 1952:
The act provides for the institution of provident funds:
1. Employees' Provident Fund Scheme, 1952
2. The Employees' Pension Scheme, 1995
3. The Employees' Deposit Linked Insurance Scheme, 1976
Establishments, whether unexempted or exempted, have to comply with the Regional Provident Fund Commissioner.
The primary form all have to ensure is Form 2: Nomination and Declaration Form (subscriber and employer have to ensure).
Form 3: Contribution card for the currency period from... to... (for unexempted establishments).
Form 3A: Contribution card for the currency period from 1st... to 30/31st... (for unexempted establishments).
Form 5: Return of employees qualifying membership.
Form 5A: Return of ownership.
Form 6: Return of contribution cards.
Form 9: Return of employees.
Form 10: Return of members leaving services.
Form 12: Statement of contribution for the month...
Form 13: Application for transfer of EPF account.
Form 13A: Application for inter-regional transfer of accounts.
Form 19: Settlement.
Form 20: Withdrawal by minor/deceased member.
Form 31: Application for advance.
Form 1(IF): Return of employees entitled and required to become members of the insurance fund.
Form 2(IF): Employees entitled for membership.
Form 3(IF): Return of members of the insurance fund leaving services.
Form 5(IF): To be used by nominee/legal heir.
Form 12A: Return.
Form I: Return by exempted establishment.
You can use these calculators for Gratuity:
http://ndtv.com (link updated to site home) - Gratuity
About ESIC:
Applicability of the Act and Scheme:
Is extended in areas to factories using power and employing 10 or more persons and non-power using manufacturing units and establishments employing 20 or more persons up to Rs. 10,000/- p.m. W.E.F. 1.10.2006. It has also been extended to shops, hotels, restaurants, roads, motor transport undertakings, equipment maintenance staff in hospitals.
Coverage of employees drawing wages up to Rs. 10,000/- p.m. engaged either directly or through a contractor.
Rate of contribution of the wages:
Total: 6.5%
Employers: 4.75%
Employees: 1.75%
Thanks and Regards,
Sudhir Singh Rawat
9821443636
Mumbai
From India, Pune
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Dear Sir/Madam,
I was working with a company that had its head office in Dahanu while I was working at their site in post-Nani Naroli, Tal-Mangrol, Dist-SURAT (G.S) from July 2002 to July 2005 (3 Years). The owner, M/S. Honeybees Engg. Services c/o. G.M. Parekh, Rajiv Gandhi Thermal Power Road, Dahanu Road, Dahanu (W), Dist. Thane, was registered in Mumbai at the Thane PF office for one year, and two years at SURAT (G.S). The owner contributed at the PF office, but I am unable to obtain the signature from the previous employer to withdraw the PF into my account. I contacted my previous company in Dahanu and discovered that the previous owner's office is no longer available at the mentioned address. I have forwarded both PF office (SURAT & THANE) to the regional Comm. with the attested copies of 10C and 19 forms duly filled and signed. They will proceed accordingly and forward it to the PF office. When I visited the PF office, I obtained the necessary forms and enquired about the withdrawal procedure. I was informed that the PF forms won't be applicable at the Regional Office, and the forms I received from the PF office already have an address on them. Please guide me as I am in urgent need of money and have been trying for over two years to withdraw my PF.
Is there a way to find out how much money is in my PF account and how it can be deposited into my SB account?
Please help.
Thanks,
Dinesh Chaudhari
178- Suncity-II Opposite Vikas Nagar
Dewas, MP
Email: dinesh.chaudhari@suzlon.com
Tel No: 07272-254093
Mobile No: 09009988901.
From India, Indore
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I was working with a company that had its head office in Dahanu while I was working at their site in post-Nani Naroli, Tal-Mangrol, Dist-SURAT (G.S) from July 2002 to July 2005 (3 Years). The owner, M/S. Honeybees Engg. Services c/o. G.M. Parekh, Rajiv Gandhi Thermal Power Road, Dahanu Road, Dahanu (W), Dist. Thane, was registered in Mumbai at the Thane PF office for one year, and two years at SURAT (G.S). The owner contributed at the PF office, but I am unable to obtain the signature from the previous employer to withdraw the PF into my account. I contacted my previous company in Dahanu and discovered that the previous owner's office is no longer available at the mentioned address. I have forwarded both PF office (SURAT & THANE) to the regional Comm. with the attested copies of 10C and 19 forms duly filled and signed. They will proceed accordingly and forward it to the PF office. When I visited the PF office, I obtained the necessary forms and enquired about the withdrawal procedure. I was informed that the PF forms won't be applicable at the Regional Office, and the forms I received from the PF office already have an address on them. Please guide me as I am in urgent need of money and have been trying for over two years to withdraw my PF.
Is there a way to find out how much money is in my PF account and how it can be deposited into my SB account?
Please help.
Thanks,
Dinesh Chaudhari
178- Suncity-II Opposite Vikas Nagar
Dewas, MP
Email: dinesh.chaudhari@suzlon.com
Tel No: 07272-254093
Mobile No: 09009988901.
From India, Indore
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Dear Krishna, Salary, honorarium or professional charges paid to a guest faculty member will attract PF and ESI unless otherwise excluded due to quantum of remuneration paid. Regards, Madhu.T.K
From India, Kannur
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From India, Kannur
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You have not provided information regarding the monthly payment your institute has been making to guest speakers. Please provide detailed information so that a practical legal solution can be suggested if possible.
The money earned in exchange for work completed by an individual can be referred to as wage/salary. If ESI/PF is already applicable to your establishment, refer to it as professional charges/retainership remuneration/service charges. These payments will be subject to compliance, and if the amount exceeds the prescribed wage limit for each, exemptions are permitted. On the other hand, if work is carried out outside your premises, then it is not your liability. For instance, repairs to ACs, furniture, etc., where the expenditure is not considered salary/wages, make sure to specify on the bills that the work was done outside the plant and do not recover any such contributions.
In the case where faculties are conducting classes at your premises and ESI/PF is applicable, there is no way to escape compliance, except for deductions from wages.
Regards,
RDS Yadav
Labour Laws Adviser
navtaranghrs@gmail.com
From India, Delhi
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The money earned in exchange for work completed by an individual can be referred to as wage/salary. If ESI/PF is already applicable to your establishment, refer to it as professional charges/retainership remuneration/service charges. These payments will be subject to compliance, and if the amount exceeds the prescribed wage limit for each, exemptions are permitted. On the other hand, if work is carried out outside your premises, then it is not your liability. For instance, repairs to ACs, furniture, etc., where the expenditure is not considered salary/wages, make sure to specify on the bills that the work was done outside the plant and do not recover any such contributions.
In the case where faculties are conducting classes at your premises and ESI/PF is applicable, there is no way to escape compliance, except for deductions from wages.
Regards,
RDS Yadav
Labour Laws Adviser
navtaranghrs@gmail.com
From India, Delhi
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