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
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
PF Details and Knowledge:-
THE EMPLOYEES' PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT ,1952 :
THE ACT PROVIDES FOR THE INSTITUTION OF PROVIDENT FUNDS
(I) EMPLOYEES 'PROVIDENT FUND SCHEME 1952
(2)THE EMPLOYEES PENSION SCHEME,1995
(3) THE EMPLOYEES DEPOSITE LINKED INSURANCE SCHEME,1976
ESTABLISHMENT WHICH ARE UNEXMPTED /EXEMPTED HAVE TO COMPLY WITH REGIONAL PROVIDENT FUND COMMISSIONER.
THE PRIMARY FORM ALL HAVE TO ENSURE IS FORM 2: NOMINATION AND DECLARATION FORM ( SUBSCRIBER AND EMPLOYER HAS TO ENSURE)
FORM 3 : CONTRIBUTION CARD FOR THE CURRENCY PERIOD FROM.....TO... ( FOR UNEXEMPTED ESTABLISHMENT)
FORM 3A: CONTRIBUTION CARD FOR THE CURRENCY PERIOD FROM 1ST.............TO 30/31ST...........(FOR UNEXEMPTED ESTABLISHMENT)
FORM 5 : RETURN OF EMPLOYEES QUALIFYING MEMBERSHIP
FORM 5A : RETURN OF OWNERSHIP
FORM 6 ; RETURN OF CONTRIBUTION CARDS ORM :FORM 9 :RETURN OF EMPLOYEES
FORM 10: RETURN OF MEMBERS LEAVING SERICES
FORM 12:SATEMENT 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 WITHDRWAL BY MINOR/DECEASED MEMBER
FORM 31 : APPLICATION FOR ADVANCE
FORM 1(IF) RETURN OF EMPLOYEES ENTITLED AND REUQIRED TO BECOME MEMBERS OF INSURANCE FUND
FOEM 2(IF) :EMPLOYEES ENTITLED FOR MEMBERSHIP
FORM 3(IF): RETURN OF MEMBERS OF INSURANCE FUND LEAVING SERIVES
FORM 5(IF) : TO BE USED BY NOMINEE/LEGAL HEIR
FORM 12A : RETURN
FORM i : RETURN BY EXEMPTED ESTABLISHMENT
U can use this calculators for Gratuity:-
http://ndtv.com <link updated to site home> Gratuity
About ESIC :-
APPLICABILITY OF THE ACT & SCHEME :
IS EXTENDED IN ARE WISE TO FACTORIES USING POWER & EMPLOYEEING 10 OR MORE PERSONS AND NON-POWER USING MANUFACTURING UNIT AND ESTABLISHMENT EMPLOYEEING 20 OR MORE PERSONS UP TO RS. 10000/-P.M. W.E.F. 1.10.2006 IT HAS ALSO BEEN EXTENDED UPON SHOPS, HOTELS, RESTAURANTS, ROADS, MOTOR TRANSPORT UNDERTAKING EQUIPMENT MAINTENANCE STAFF IN THE HOSPITALS.
COVERAGE OF EMPLOYEES
DRAWING WAGES UP TO RS. 10000/- P.M. ENGAGED EITHER DIRECTLY OR THROUGH CONTRACTOR.
RATE OF CONTRIBUTION OF THE WAGES.
TOTAL : 6.5 %
EMPLOYERS : 4.75 %
EMPLOYEES : 1.75 %
--
Thanks & Regards,
Sudhir Singh Rawat
9821443636.
Mumbai
From India, Pune
THE EMPLOYEES' PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT ,1952 :
THE ACT PROVIDES FOR THE INSTITUTION OF PROVIDENT FUNDS
(I) EMPLOYEES 'PROVIDENT FUND SCHEME 1952
(2)THE EMPLOYEES PENSION SCHEME,1995
(3) THE EMPLOYEES DEPOSITE LINKED INSURANCE SCHEME,1976
ESTABLISHMENT WHICH ARE UNEXMPTED /EXEMPTED HAVE TO COMPLY WITH REGIONAL PROVIDENT FUND COMMISSIONER.
THE PRIMARY FORM ALL HAVE TO ENSURE IS FORM 2: NOMINATION AND DECLARATION FORM ( SUBSCRIBER AND EMPLOYER HAS TO ENSURE)
FORM 3 : CONTRIBUTION CARD FOR THE CURRENCY PERIOD FROM.....TO... ( FOR UNEXEMPTED ESTABLISHMENT)
FORM 3A: CONTRIBUTION CARD FOR THE CURRENCY PERIOD FROM 1ST.............TO 30/31ST...........(FOR UNEXEMPTED ESTABLISHMENT)
FORM 5 : RETURN OF EMPLOYEES QUALIFYING MEMBERSHIP
FORM 5A : RETURN OF OWNERSHIP
FORM 6 ; RETURN OF CONTRIBUTION CARDS ORM :FORM 9 :RETURN OF EMPLOYEES
FORM 10: RETURN OF MEMBERS LEAVING SERICES
FORM 12:SATEMENT 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 WITHDRWAL BY MINOR/DECEASED MEMBER
FORM 31 : APPLICATION FOR ADVANCE
FORM 1(IF) RETURN OF EMPLOYEES ENTITLED AND REUQIRED TO BECOME MEMBERS OF INSURANCE FUND
FOEM 2(IF) :EMPLOYEES ENTITLED FOR MEMBERSHIP
FORM 3(IF): RETURN OF MEMBERS OF INSURANCE FUND LEAVING SERIVES
FORM 5(IF) : TO BE USED BY NOMINEE/LEGAL HEIR
FORM 12A : RETURN
FORM i : RETURN BY EXEMPTED ESTABLISHMENT
U can use this calculators for Gratuity:-
http://ndtv.com <link updated to site home> Gratuity
About ESIC :-
APPLICABILITY OF THE ACT & SCHEME :
IS EXTENDED IN ARE WISE TO FACTORIES USING POWER & EMPLOYEEING 10 OR MORE PERSONS AND NON-POWER USING MANUFACTURING UNIT AND ESTABLISHMENT EMPLOYEEING 20 OR MORE PERSONS UP TO RS. 10000/-P.M. W.E.F. 1.10.2006 IT HAS ALSO BEEN EXTENDED UPON SHOPS, HOTELS, RESTAURANTS, ROADS, MOTOR TRANSPORT UNDERTAKING EQUIPMENT MAINTENANCE STAFF IN THE HOSPITALS.
COVERAGE OF EMPLOYEES
DRAWING WAGES UP TO RS. 10000/- P.M. ENGAGED EITHER DIRECTLY OR THROUGH CONTRACTOR.
RATE OF CONTRIBUTION OF THE WAGES.
TOTAL : 6.5 %
EMPLOYERS : 4.75 %
EMPLOYEES : 1.75 %
--
Thanks & Regards,
Sudhir Singh Rawat
9821443636.
Mumbai
From India, Pune
Dear Sir/Madam,
I was working with a company which had its head office at Dahanu while I was working with their site at post- Nani Naroli; Tal-Mangrol, Dist- SURAT (G.S) from, July 2002 to July 2005 (3Years) but Owner M/S.Honeybees Engg.Services.c/o.G.M.Parekh Rajiv Gandhi Thermal Power Road Dahanu road Dahanu (W) Dist Thane. He was registered in Mumbai at Thane PF office for contribution one year & Two Year at SURAT (G.S) Owner contributed at PF office I not able to get the sign with previous employer want withdraw PF in my account. I had contacted my previous company in Dahanu I found Previous Owner office is not available in their Mension address and I have forward Both PF office (SURAT & THANE) to regional Comm. to the attested copy 10C and 19 forms duly filled and signed to them and they will do their needfull and forward to PF office. So, I went to PF office and took the related forms, I also enquired from them the procedure as to how to withdraw the PF. They told me that the PF of wont apply in Regional Office as the forms, Also, the form which i have taken from PF office have address on it, Please guide me as i am in urgent need of money and I am trying more than a two year for withdrawal PF
IS there any way to know as to how much amount is there in my PF account? And Deposited in my SB account.
Please help.......
Thanks,
Dinesh Chaudhari
178- Suncity-II Opposite Vikas Nagar
Dewas MP
Tel No-07272-254093
Mob no-09009988901.
From India, Indore
I was working with a company which had its head office at Dahanu while I was working with their site at post- Nani Naroli; Tal-Mangrol, Dist- SURAT (G.S) from, July 2002 to July 2005 (3Years) but Owner M/S.Honeybees Engg.Services.c/o.G.M.Parekh Rajiv Gandhi Thermal Power Road Dahanu road Dahanu (W) Dist Thane. He was registered in Mumbai at Thane PF office for contribution one year & Two Year at SURAT (G.S) Owner contributed at PF office I not able to get the sign with previous employer want withdraw PF in my account. I had contacted my previous company in Dahanu I found Previous Owner office is not available in their Mension address and I have forward Both PF office (SURAT & THANE) to regional Comm. to the attested copy 10C and 19 forms duly filled and signed to them and they will do their needfull and forward to PF office. So, I went to PF office and took the related forms, I also enquired from them the procedure as to how to withdraw the PF. They told me that the PF of wont apply in Regional Office as the forms, Also, the form which i have taken from PF office have address on it, Please guide me as i am in urgent need of money and I am trying more than a two year for withdrawal PF
IS there any way to know as to how much amount is there in my PF account? And Deposited in my SB account.
Please help.......
Thanks,
Dinesh Chaudhari
178- Suncity-II Opposite Vikas Nagar
Dewas MP
Tel No-07272-254093
Mob no-09009988901.
From India, Indore
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
From India, Kannur
You have not written facts like what is monthly payment your institute has been paying to guest speakers? Please write again full details to suggest a practical legal way out if possible.The money earned in return against work done by an individual in simple word is wage / salary. Of course, ESI/PF if already applicable to your establishment, call it Professional charges/Retainership remuneration/ service charges , the same will be subjected to compliance and if amount is more than wage limit prescribed for each, exemption is permitted . On the contrary, if work is done out side your premises, then its not your liability. Like repairing of ACs, furnitures etc , the money spent is not salary/ wages, you should write on face of the bills that work done outside plant, do not recover any such contributions.In instant issues, if faculties are conducting classes in your place, ESI/PF is in there, then there can not be any escape, except deductions of wages
Regds,
RDS Yadav
Labour Laws Adviser
navtaranghrs@gmail.com
From India, Delhi
Regds,
RDS Yadav
Labour Laws Adviser
navtaranghrs@gmail.com
From India, Delhi
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