As per Employees Provident Fund Scheme 1952, the employee is defined as under.
"Employee" as defined in Section 2(f) of the Act means any person who is employee for wages in any kind of work manual or otherwise, in or in connection with the work of an establishment and who gets wages directly or indirectly from the employer and includes any person employed by or through a contractor in or in connection with the work of the establishment.
Hence, part time employees are also covered under EPF.
Regards
R.Ponraj
From India, Lucknow
604"Employee" as defined in Section 2(f) of the Act means any person who is employee for wages in any kind of work manual or otherwise, in or in connection with the work of an establishment and who gets wages directly or indirectly from the employer and includes any person employed by or through a contractor in or in connection with the work of the establishment.
Hence, part time employees are also covered under EPF.
Regards
R.Ponraj
From India, Lucknow
Hi Ponraj,
Thanks for referring the provision of Section 2(f) of the EPF.
BUT, are you sure that the Government aided schools fall within the purview of the EPF? Please recheck Schedule-I of the EPF and confirm if the Government aided schools are covered by the provisions of EPF.
It is definite that the staff of Government Schools, having pensionable jobs, are governed by the provisions of General Provident Fund (GPF). About Government aided schools, if the services of any staff are pensionable they are also governed by the provisions of GPF. Even if the services are non-pensionable they are mostly governed by the Contributory Provident Fund Scheme (CPF).
From India, Delhi
Thanks for referring the provision of Section 2(f) of the EPF.
BUT, are you sure that the Government aided schools fall within the purview of the EPF? Please recheck Schedule-I of the EPF and confirm if the Government aided schools are covered by the provisions of EPF.
It is definite that the staff of Government Schools, having pensionable jobs, are governed by the provisions of General Provident Fund (GPF). About Government aided schools, if the services of any staff are pensionable they are also governed by the provisions of GPF. Even if the services are non-pensionable they are mostly governed by the Contributory Provident Fund Scheme (CPF).
From India, Delhi
Dear Sreepillai
Your anxiety about the poor neighbor is very genuine ans really welcome. It is not clear from your Q whether the Est. is covered under EPF & MP Act 1952 or is a government Est.
The EPF Act provides that the past dues CAN NOT BE RECOVERED FROM THE WAGES OF CURRENT MONTH.
If the Employer is doing so he is committing an offence under the law. More so it is an illegal deduction under the Payment of Wages Act.
Collect the documentary evidence in this connection for further action.
The reply of your basic question is in affirmative. Yes every employee including the Part Time is entitled for the PF membership from day one irrespective of the time duration. It is equally applicable for casual, part time,pc rated, hourly rated or otherwise. He must get the wages for the work done by him.
He need not to worry either for his PF or the recovery. Please confirm my doubts to get firm opinion.
From India, Jaipur
Your anxiety about the poor neighbor is very genuine ans really welcome. It is not clear from your Q whether the Est. is covered under EPF & MP Act 1952 or is a government Est.
The EPF Act provides that the past dues CAN NOT BE RECOVERED FROM THE WAGES OF CURRENT MONTH.
If the Employer is doing so he is committing an offence under the law. More so it is an illegal deduction under the Payment of Wages Act.
Collect the documentary evidence in this connection for further action.
The reply of your basic question is in affirmative. Yes every employee including the Part Time is entitled for the PF membership from day one irrespective of the time duration. It is equally applicable for casual, part time,pc rated, hourly rated or otherwise. He must get the wages for the work done by him.
He need not to worry either for his PF or the recovery. Please confirm my doubts to get firm opinion.
From India, Jaipur
Dear sirs
THis is something I got when I searched online:
V. Kerala Aided School Employees Provident Fund
The Kerala Aided School Employees Provident Fund (KASEPF) Branch functioned in the office of the Director of Public Instruction, Thiruvananthapuram
The KASEPF units are under the control of Assistant Provident Fund Officer.
Admission : All the full employees either permanent or officiating who have completed one year of service and governed under Chapter XIV B, KER should join the KASEPF compulsorily. However one year of service is not a pre-requisite to join the fund. An employee whose appointment is approved and is likely to continue in service for more than one year can be admitted to the fund on condition that the controlling officer certify that the employee is likely to continue in service for more than one year.
The application for admission with nomination in the prescribed form are to be forwarded through the head of the institution with the counter signature of the Controlling Officer, direct to the Assistant Provident Fund Officers of the concerned D.D. Offices.
Every subscriber to the fund shall subscribe not less than 6 percent his/her basic pay rounded to the nearest rupee. The rate of subscription once fixed cannot be reduced on any account.
However the subscriber can enhance the subscription once in the course of an year. The subscriber can stop the subscription during the last one year of service immediately preceding the date of retirement if he/she elect so in writing. No subscription is to be recovered in the bill for the last three months of quitting the service.
.................................................. .................................................. ..........
IT is stated above that:
"Every subscriber to the fund shall subscribe not less than 6 percent his/her basic pay rounded to the nearest rupee."
If so, his salary is 2300+DA (da at present is 1794, but had been lesser before)
So does it mean his PF is 6% of 2300rs which is his basic pay???
IT is also stated that:
"The rate of subscription once fixed cannot be reduced on any account."
THis boy has already signed all his PF application documents. SO does that mean that he cannot correct it anymore now?
Rgds
SreePillai
From United States
THis is something I got when I searched online:
V. Kerala Aided School Employees Provident Fund
The Kerala Aided School Employees Provident Fund (KASEPF) Branch functioned in the office of the Director of Public Instruction, Thiruvananthapuram
The KASEPF units are under the control of Assistant Provident Fund Officer.
Admission : All the full employees either permanent or officiating who have completed one year of service and governed under Chapter XIV B, KER should join the KASEPF compulsorily. However one year of service is not a pre-requisite to join the fund. An employee whose appointment is approved and is likely to continue in service for more than one year can be admitted to the fund on condition that the controlling officer certify that the employee is likely to continue in service for more than one year.
The application for admission with nomination in the prescribed form are to be forwarded through the head of the institution with the counter signature of the Controlling Officer, direct to the Assistant Provident Fund Officers of the concerned D.D. Offices.
Every subscriber to the fund shall subscribe not less than 6 percent his/her basic pay rounded to the nearest rupee. The rate of subscription once fixed cannot be reduced on any account.
However the subscriber can enhance the subscription once in the course of an year. The subscriber can stop the subscription during the last one year of service immediately preceding the date of retirement if he/she elect so in writing. No subscription is to be recovered in the bill for the last three months of quitting the service.
.................................................. .................................................. ..........
IT is stated above that:
"Every subscriber to the fund shall subscribe not less than 6 percent his/her basic pay rounded to the nearest rupee."
If so, his salary is 2300+DA (da at present is 1794, but had been lesser before)
So does it mean his PF is 6% of 2300rs which is his basic pay???
IT is also stated that:
"The rate of subscription once fixed cannot be reduced on any account."
THis boy has already signed all his PF application documents. SO does that mean that he cannot correct it anymore now?
Rgds
SreePillai
From United States
Dear Sree,
As per the extract of provisions of the KASEPF provided by you, the rules for V. Kerala Aided School Employees Provident Fund are very clear. The School authorities cannot arbitrarily deduct any amount at their own that too without the application of the employee. Minimum of 6% is the condition and any amount more than that is discretionary on the part of the employee himself and not by force by the school authorities. Moreover, the controlling officer has to certify that the employee is likely to continue in service for more than one year ONLY after the employee makes and application for joining the fund. HERE THERE IS NO QUESTION OF JOINING OF THE EMPLOYEE AT HIS OWN AND WITHOUT BECOMING REGULAR. Whatever is being done is only by the school authorities arbitrarily. Naturally, something is fishy.
So, as earlier suggested, for the present observe restraint, not to point out anything for the present, let the employee be regularised and only thereafter the matter be taken up seriously with the school authorities and the fund commissioner.
From India, Delhi
As per the extract of provisions of the KASEPF provided by you, the rules for V. Kerala Aided School Employees Provident Fund are very clear. The School authorities cannot arbitrarily deduct any amount at their own that too without the application of the employee. Minimum of 6% is the condition and any amount more than that is discretionary on the part of the employee himself and not by force by the school authorities. Moreover, the controlling officer has to certify that the employee is likely to continue in service for more than one year ONLY after the employee makes and application for joining the fund. HERE THERE IS NO QUESTION OF JOINING OF THE EMPLOYEE AT HIS OWN AND WITHOUT BECOMING REGULAR. Whatever is being done is only by the school authorities arbitrarily. Naturally, something is fishy.
So, as earlier suggested, for the present observe restraint, not to point out anything for the present, let the employee be regularised and only thereafter the matter be taken up seriously with the school authorities and the fund commissioner.
From India, Delhi
Dear Sir
IT is stated in the rule that:
"Every subscriber to the fund shall subscribe not less than 6 percent his/her basic pay rounded to the nearest rupee."
If so, his salary is 2300+DA (da at present is 1794, but had been lesser before)
So does it mean his PF is 6% of 2300rs which is his basic pay???
Or is it 2300+1794= 4094, so PF is 6% of 4094 that is 246rs? Pls reply..
IT is also stated that:
"The rate of subscription once fixed cannot be reduced on any account."
THis boy has already signed all his PF application documents. SO does that mean that he cannot correct it anymore now?
Rgds
SreePillai
more at https://www.citehr.com/307699-there-...#ixzz1AWI6FyK5
From United States
IT is stated in the rule that:
"Every subscriber to the fund shall subscribe not less than 6 percent his/her basic pay rounded to the nearest rupee."
If so, his salary is 2300+DA (da at present is 1794, but had been lesser before)
So does it mean his PF is 6% of 2300rs which is his basic pay???
Or is it 2300+1794= 4094, so PF is 6% of 4094 that is 246rs? Pls reply..
IT is also stated that:
"The rate of subscription once fixed cannot be reduced on any account."
THis boy has already signed all his PF application documents. SO does that mean that he cannot correct it anymore now?
Rgds
SreePillai
more at https://www.citehr.com/307699-there-...#ixzz1AWI6FyK5
From United States
Dear Sree
I hope the situation might have been settled for GOOD. Pl remind the PF Commissioner to ensure the updation of PF Rules of the School in line with those of EPF Act. The private PF rules should not be less benefitial in any case. It means that the EMPloyee must get his PF Benefits right from the Day 1 & @ of 12% of his Basic + DA. Min 6% stipulation is just 'Illegal'.
Please confirm.
Satish Kumar Bhargava
RPFC Gr I (Retd.)A Faculty with NATRSS & A Practicing Lawyer.
From India, Jaipur
I hope the situation might have been settled for GOOD. Pl remind the PF Commissioner to ensure the updation of PF Rules of the School in line with those of EPF Act. The private PF rules should not be less benefitial in any case. It means that the EMPloyee must get his PF Benefits right from the Day 1 & @ of 12% of his Basic + DA. Min 6% stipulation is just 'Illegal'.
Please confirm.
Satish Kumar Bhargava
RPFC Gr I (Retd.)A Faculty with NATRSS & A Practicing Lawyer.
From India, Jaipur
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