if employee withdraw epf amt & employer not agree than employee not get epf benifit if employee salary above 6500 if less than 6500 than he is eligible of epf as per act... voluntary deduction epf in all situation allow
From India, Surat
80From India, Surat
In my view, under the Act, there is no compulsion for the Employer to deduct and deposit the PF contribution after the age of 58 years for the new comers or the existing members unless and until both Employer as well as the Employee give the consent to deduct PF/continue PF deductions.
In any case ,there is no provision to deduct and deposit under EPS after the age of 58 years.
Chandok AK
RPFC (Retd.)
<link no longer exists - removed>
From India, Chandigarh
In any case ,there is no provision to deduct and deposit under EPS after the age of 58 years.
Chandok AK
RPFC (Retd.)
<link no longer exists - removed>
From India, Chandigarh
Dear Mr Ashok Chandhok,
Greetings.
There has been lot of discussion on this topic as to whether it is mandatory for the employer to deduct EPF of an employee who joins an organization after the age of 58 years. Most of the members, including some advocates, have opined that it is mandatory to deduct EPF as no age has been prescribed under the EPF & MP Act, 1952. In this case no contribution will go EPS Account. One of the members has suggested that when you go on-line for remitting monthly EPF subscription and fill up the age 59 or any higher age the system will automatically calculate the EPF subscription and will not show any contribution to EPS.
Will it be possible for you to review this majority opinion.
Secondly, sir, there is another question that if a person is employed as a Consultant on a consolidated salary at an amount greater than the pay limit prescribed in the EPF Act & Scheme, then in such a case whether the EPF deduction will be applicable or not. In this case whether age limit will apply or not.
I shall be thankful for your valubale expert opinion.
With due regards and best wishes.
C.M. Lal Srivastava
From India, New Delhi
Greetings.
There has been lot of discussion on this topic as to whether it is mandatory for the employer to deduct EPF of an employee who joins an organization after the age of 58 years. Most of the members, including some advocates, have opined that it is mandatory to deduct EPF as no age has been prescribed under the EPF & MP Act, 1952. In this case no contribution will go EPS Account. One of the members has suggested that when you go on-line for remitting monthly EPF subscription and fill up the age 59 or any higher age the system will automatically calculate the EPF subscription and will not show any contribution to EPS.
Will it be possible for you to review this majority opinion.
Secondly, sir, there is another question that if a person is employed as a Consultant on a consolidated salary at an amount greater than the pay limit prescribed in the EPF Act & Scheme, then in such a case whether the EPF deduction will be applicable or not. In this case whether age limit will apply or not.
I shall be thankful for your valubale expert opinion.
With due regards and best wishes.
C.M. Lal Srivastava
From India, New Delhi
Once you have superannuated,withdrew your entire amount from PF A/c and drew pension,then you are no longer entitled to claim PF benefits.Futher, a Consultant is not entitled to get any perks except medica,telephone facilities for official dutiesl and conveyance reimbursement/car for official duties.He is not entiltled to any pay but can claim his consultancy/professional fees subject to TDS.
From India, Delhi
From India, Delhi
Dear Srivastava ji, You have raised a very genuine,solid and legal issue which has not been defined specifically but we have to go through the definitions of Employee, Excluded employee, Contribution,and Para 6 of the EPS 95,etc. a reading of which ,in my opinion shows that though, no age limit has been defined under EPFScheme but contributions are mandatorily required to be deducted and deposited upto the age of 58 years or till attaining the age of 55 years if a member opts or till the superannuation as per establishment rules . Thus, I am of the considered view that there is no compulsion for the employer to deduct and deposit EPF Contribution after the age of 58 years until an unless there is consent of both.
As regards online calculation, I am of the view that provision is there for such an employees who want to remain member of EPF Scheme even after attaining the age of 58 years and where the employer has also consented.
I shall be highly obliged if any circular or judgment is cited by any one where it has been declared to have contributions compulsorily payable..Rather on other hand ,we can have decisions wherein it has been held that after the age of 58 years / superannuation, it is not required
Chandok AK
From India, Chandigarh
As regards online calculation, I am of the view that provision is there for such an employees who want to remain member of EPF Scheme even after attaining the age of 58 years and where the employer has also consented.
I shall be highly obliged if any circular or judgment is cited by any one where it has been declared to have contributions compulsorily payable..Rather on other hand ,we can have decisions wherein it has been held that after the age of 58 years / superannuation, it is not required
Chandok AK
From India, Chandigarh
Dear Mr Arun Kumar Maitra,
Greetings and many thanks for your opinion. However I had requested to seek an opinion not on superannuated persons but in respect of a person who is not superannuated and employed as a Consultant. Now in this case whether he would be covered under EPF & MP Act or not.
My second question is when a person is employed at a salary higher than the pay limit prescribed in the EPF Act, then whether in such a case is it mandatory to apply EPF deduction or not. If EPF deduction is to be applied then on what amount of salary it will apply. Whether there is any govt. decision on this aspect or not.
Looking forward to good response.
Regards.
Srivastava
From India, New Delhi
Greetings and many thanks for your opinion. However I had requested to seek an opinion not on superannuated persons but in respect of a person who is not superannuated and employed as a Consultant. Now in this case whether he would be covered under EPF & MP Act or not.
My second question is when a person is employed at a salary higher than the pay limit prescribed in the EPF Act, then whether in such a case is it mandatory to apply EPF deduction or not. If EPF deduction is to be applied then on what amount of salary it will apply. Whether there is any govt. decision on this aspect or not.
Looking forward to good response.
Regards.
Srivastava
From India, New Delhi
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Epf SC-judgment-eps exceeding cealing limit.pdf