Hi,
Good day to all members. This is my first post to Cite HR.
I have a query in PF & ESI norms for new joinees. My query is, if i recruit a skilled person as a trainee should i have to give him a pf & esi immediately from the date he/she joins or is there any relaxation for not adding them in pf & esi for say 6 month/1year.
Please seniors help me in this regard.
Thanks,
Rohinideepak
From India, Bangalore
Good day to all members. This is my first post to Cite HR.
I have a query in PF & ESI norms for new joinees. My query is, if i recruit a skilled person as a trainee should i have to give him a pf & esi immediately from the date he/she joins or is there any relaxation for not adding them in pf & esi for say 6 month/1year.
Please seniors help me in this regard.
Thanks,
Rohinideepak
From India, Bangalore
dear rohini
actually our intention is not good and we want to escape from ESI and PF.
if trainee will get exemption from ESI and PF thasn everyone will give this designation to their employee.
now see ESI and PF is applicable from day one.the employee hired through apprentiship advisor on stipend as a trainee are exepted for ESI and PF.
secondly if you have provision in your standing orders to hire trainees as per the staqnding order you are paying stipend to them than also they can be exempted from
ESI and PF.
regards
j s malik
From India, Delhi
167actually our intention is not good and we want to escape from ESI and PF.
if trainee will get exemption from ESI and PF thasn everyone will give this designation to their employee.
now see ESI and PF is applicable from day one.the employee hired through apprentiship advisor on stipend as a trainee are exepted for ESI and PF.
secondly if you have provision in your standing orders to hire trainees as per the staqnding order you are paying stipend to them than also they can be exempted from
ESI and PF.
regards
j s malik
From India, Delhi
Dear Sir,
Thank you very much for your reply. Our intention is not to escape from pf esi sir my employess claiming me for that they do not wish to be included in pf & esi .As a hr just want to know whether we can do it for the sake of ee's.
I understood from your relpy that pf esi exemption is appliacble if we hire trainees and pay stipend . Am i right sir.
Rohini
From India, Bangalore
Thank you very much for your reply. Our intention is not to escape from pf esi sir my employess claiming me for that they do not wish to be included in pf & esi .As a hr just want to know whether we can do it for the sake of ee's.
I understood from your relpy that pf esi exemption is appliacble if we hire trainees and pay stipend . Am i right sir.
Rohini
From India, Bangalore
dear
it is exemted if you are hiring as per provisions of standing order or through apprentiship advisor.
regards
js malik
=Rohinideepak;751147]Dear Sir,
Thank you very much for your reply. Our intention is not to escape from pf esi sir my employess claiming me for that they do not wish to be included in pf & esi .As a hr just want to know whether we can do it for the sake of ee's.
I understood from your relpy that pf esi exemption is appliacble if we hire trainees and pay stipend . Am i right sir.
Rohini[/QUOTE]
From India, Delhi
it is exemted if you are hiring as per provisions of standing order or through apprentiship advisor.
regards
js malik
=Rohinideepak;751147]Dear Sir,
Thank you very much for your reply. Our intention is not to escape from pf esi sir my employess claiming me for that they do not wish to be included in pf & esi .As a hr just want to know whether we can do it for the sake of ee's.
I understood from your relpy that pf esi exemption is appliacble if we hire trainees and pay stipend . Am i right sir.
Rohini[/QUOTE]
From India, Delhi
Dear Rohini,
One side you said about skilled workers and want to take them as a trainee,there is a limit to hire trainee or apprentiship.
How can you hire trainee or apprentiship without consent with adviser or institution.
As i thought the skilled workers are not joining from any institution.
Please do not jump to trainee or apprentiship otherwise anytime your company face a fight against illigal trainee or apprentiship workers.
There is no wish of employees that they dont want to deduct,comply with law always.
Best Regards
Sajid Ansari-Delhi
From India, Delhi
One side you said about skilled workers and want to take them as a trainee,there is a limit to hire trainee or apprentiship.
How can you hire trainee or apprentiship without consent with adviser or institution.
As i thought the skilled workers are not joining from any institution.
Please do not jump to trainee or apprentiship otherwise anytime your company face a fight against illigal trainee or apprentiship workers.
There is no wish of employees that they dont want to deduct,comply with law always.
Best Regards
Sajid Ansari-Delhi
From India, Delhi
Hello, friends. I am delighted that my article regarding negative workers still has relativity. As you all are engaged in the new world industrial/commercial age, please allow me to offer some tips: If you are not satisfied in your work, that indicates you possess aspirations that you should embrace --- by always keeping an eye on what else might be available in the workforce regardless of your apparent security and satisfaction; that you be extremely carelful about your personal/work e-mail, as they can be observed by others (and like my father said, never discuss anything on the telephone you do not wish others to know...use regular mail); always pursue special training opportunities to become certified in fields of your interest; and always know that someone may express their competitiveness by causing harm to you. Be careful about whom you trust and never engage in gossip! Cheers, Mary Helen Yarborough, USA
From United States, Mount Pleasant
From United States, Mount Pleasant
We are planning to start the Health Care centres on our own.
In our organisation we will have the manpower from Centre Manager / Front Office Staff / Laboratory Staff / Marketing / Security / House Keepting etc. Approx. in one Centre we will have between 15 to 25 employees.
Do we need to cover the PF and ESIC for our employees.
If so pls provide the details on the PF and ESIC as to how to register our selves and what all norms to follow
From India, Hyderabad
In our organisation we will have the manpower from Centre Manager / Front Office Staff / Laboratory Staff / Marketing / Security / House Keepting etc. Approx. in one Centre we will have between 15 to 25 employees.
Do we need to cover the PF and ESIC for our employees.
If so pls provide the details on the PF and ESIC as to how to register our selves and what all norms to follow
From India, Hyderabad
Dear Rohini,
There are actually two type of trainees be engaged in an organisation 1. Trainee under apprentice Act 2. Trainee under certified Standing Orders.
These trainees are exempted under ESI and EPF Act.
On the other hand, merely giving the designation of trainee an employee can not be exempted from the coverage of ESI/EPF.
The applicability of ESI/EPF is from the first day of joining. There is no waiting period.
Check whether you are going to recruit actual trainee or just giving them trainee as designation.
Thanks
Mohd. Arif Khan
There are actually two type of trainees be engaged in an organisation 1. Trainee under apprentice Act 2. Trainee under certified Standing Orders.
These trainees are exempted under ESI and EPF Act.
On the other hand, merely giving the designation of trainee an employee can not be exempted from the coverage of ESI/EPF.
The applicability of ESI/EPF is from the first day of joining. There is no waiting period.
Check whether you are going to recruit actual trainee or just giving them trainee as designation.
Thanks
Mohd. Arif Khan
malik sir, is it posible to calculate one’s pf and pension amount at the time of withdrawal. If it is posible please send me the calculation (formula) for it. Regards Yogi
From India, Shimla
From India, Shimla
Dear Rohini,
Please go through the below notes:
Holding that trainees are not employees, the Supreme Court has ruled that they are not entitled to provident fund.
A Division Bench of Justice Arijit Pasayat and Justice R V Raveendran, held that trainees were apprentices, engaged under the Standing Order of an organisation under the Apprentices Act, and therefore employers were not obliged to contribute to the Provident Fund for them.
The Bench upheld a Karnataka High Court order, quashing the petition of Regional Provident Fund commissioner, Mangalore, asking Central Arecanut and Coca Marketing and Processing Cooperative Limited (CACMPCL) to contribute provident fund for 25 trainees at its chocolate factory in Puttur.
Trainees, who are paid a stipend during the training period, have no right to employment, and it is for the employer to offer or not to offer a job to them, it said.
The court clarified that though the term 'employee' under the Provident Fund Act, included apprentices, these apprentices, engaged under the Apprentices Act, under standing order of an organisation were excluded from it.
The court said, "In the case at hand, trainees were paid stipend during the period of training. They had no right to employment, nor an obligation to accept any employment, if offered by the employer. Therefore the trainees were apprentices engaged under the standing order of the establishment."
Regards
Dinesh Bhansali
9892783763
From China
Please go through the below notes:
Holding that trainees are not employees, the Supreme Court has ruled that they are not entitled to provident fund.
A Division Bench of Justice Arijit Pasayat and Justice R V Raveendran, held that trainees were apprentices, engaged under the Standing Order of an organisation under the Apprentices Act, and therefore employers were not obliged to contribute to the Provident Fund for them.
The Bench upheld a Karnataka High Court order, quashing the petition of Regional Provident Fund commissioner, Mangalore, asking Central Arecanut and Coca Marketing and Processing Cooperative Limited (CACMPCL) to contribute provident fund for 25 trainees at its chocolate factory in Puttur.
Trainees, who are paid a stipend during the training period, have no right to employment, and it is for the employer to offer or not to offer a job to them, it said.
The court clarified that though the term 'employee' under the Provident Fund Act, included apprentices, these apprentices, engaged under the Apprentices Act, under standing order of an organisation were excluded from it.
The court said, "In the case at hand, trainees were paid stipend during the period of training. They had no right to employment, nor an obligation to accept any employment, if offered by the employer. Therefore the trainees were apprentices engaged under the standing order of the establishment."
Regards
Dinesh Bhansali
9892783763
From China
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