In EPF, Is it legally correct for the same member to have two different active establishments? For example, She is working in two different establishments at a same time and PF subscriptions are credited from two establishments in the same month. Will there be any contradictions.
From India, Kolkata
1From India, Kolkata
No a single person can not be employed at two places in same time. if traced out, by the department, both the accounts may get locked
A person can be employer part time in multiple establishments. And could also, be employed in different establishments in different parts of the month. Under the earlier process, she would have 2 different accounts.
However, now everyone is required to follow UAN. Therefore only account will be there and both employers can deposit the contributions in the same UAN
From India, Mumbai
However, now everyone is required to follow UAN. Therefore only account will be there and both employers can deposit the contributions in the same UAN
From India, Mumbai
It is possible. Practically I experienced it; as one of my employee is working in "Dominos Pizza" as Part Timer in the evening hours. I got the same doubt and confirmed with PF Officials directly that it is not a problem to have 2 Active PF Numbers at the same time.
As @saswata rightly said, he/she can link both accounts in same UAN.
But, real problem happen in ESI. He was worked in "Dominos" before joining in my company (from his college days). So, they paid ESI and he registered with them. He is regular user of ESI facility. When he joined, I created a new ESI Number. When I conducted ESI camp in my office after few months, his identity got duplicated and then I come to know about his Part time employment. PF issue has been sorted out as I said. But, ESI issue didn't sorted out. Because of duplication issue, He couldn't able to use both ESI numbers. We fought, but no use. The climax is "He resigned from my company and joined as full time employee to Dominos, because of this reason"
From India, Chennai
As @saswata rightly said, he/she can link both accounts in same UAN.
But, real problem happen in ESI. He was worked in "Dominos" before joining in my company (from his college days). So, they paid ESI and he registered with them. He is regular user of ESI facility. When he joined, I created a new ESI Number. When I conducted ESI camp in my office after few months, his identity got duplicated and then I come to know about his Part time employment. PF issue has been sorted out as I said. But, ESI issue didn't sorted out. Because of duplication issue, He couldn't able to use both ESI numbers. We fought, but no use. The climax is "He resigned from my company and joined as full time employee to Dominos, because of this reason"
From India, Chennai
Though the EPF person has told, it is not permitted in EPS rule to have dual employment
.
if case of any accident , EDLI claim would get in jeopardy,
also the EPS section allow only ONE pension per employee, if anybody is maintaining two accounts in same UAN, then there is either date of leaving or date of joining is missing,
when the aadhar would be uploaded in KYC, the real fact will run to both employers as well as employee.
facing couple of such cases, and seems that the employee has to forget one of EPS a/c for overlapping period.
.
if case of any accident , EDLI claim would get in jeopardy,
also the EPS section allow only ONE pension per employee, if anybody is maintaining two accounts in same UAN, then there is either date of leaving or date of joining is missing,
when the aadhar would be uploaded in KYC, the real fact will run to both employers as well as employee.
facing couple of such cases, and seems that the employee has to forget one of EPS a/c for overlapping period.
It won't be a problem for EPS withdrawal when we apply one by one.
But, I also agree with the fact of @USsharma during pension claim and EDLI.. But, I think, EDLI and EPS is calculated based on number of years, it won't duplicate.
But, definitely, both are based on last drawn basic which may duplicate. Worst case scenario, PF dept can consider the higher wage of any one during pension calculation.
Dual employment is a very common problem nowadays. We can't say anybody not to work like that. Govt should come up with something to solve this issue.
From India, Chennai
But, I also agree with the fact of @USsharma during pension claim and EDLI.. But, I think, EDLI and EPS is calculated based on number of years, it won't duplicate.
But, definitely, both are based on last drawn basic which may duplicate. Worst case scenario, PF dept can consider the higher wage of any one during pension calculation.
Dual employment is a very common problem nowadays. We can't say anybody not to work like that. Govt should come up with something to solve this issue.
From India, Chennai
EDLI IS insurance which cover the PF contributing member up to six lacs
.
in past year one member got fatal injury and was not able to get his claim, due to this issue, , he was Member in present company since eight years, but on some greed or something lucrative, he joined another since 4-5 months without knowledge of present employer, so the present employer is unware of facts.
Though present employer has done every possible help, and claim was passed under ESIC, but EPFO claim of EDLI got in jeopardy, as per their language, the member does not exist in present company but joined the new company, as per form 11 electronically submitted by new establishment ( remember the language in form 11 mentioned) so the new company is his present employer , and six month barricade is not allowing the EDLI process
.
still the process is going on, and unless it get a well shape, we have asked the employee nominee, not to file the withdrawal, otherwise the EPS claim may get blocked
.
in past year one member got fatal injury and was not able to get his claim, due to this issue, , he was Member in present company since eight years, but on some greed or something lucrative, he joined another since 4-5 months without knowledge of present employer, so the present employer is unware of facts.
Though present employer has done every possible help, and claim was passed under ESIC, but EPFO claim of EDLI got in jeopardy, as per their language, the member does not exist in present company but joined the new company, as per form 11 electronically submitted by new establishment ( remember the language in form 11 mentioned) so the new company is his present employer , and six month barricade is not allowing the EDLI process
.
still the process is going on, and unless it get a well shape, we have asked the employee nominee, not to file the withdrawal, otherwise the EPS claim may get blocked
If the employment is in factories it is not legal as double employment is prohibited under the factories act.
From India, Mumbai
From India, Mumbai
Legally speaking if we read article 19 along with article 21 of our constitution, then we will see a person being citizen of India can do as many jobs as he can. It is a fundamental right also it is covered under UN charter for basic human rights. So no govt department can call this action into question. Until it is not in violation of public interest it is allowed to work in as many organisations as possible.
See this for more Indian Labour Laws & Shram Suvidha Simplified
From India, Kolkata
See this for more Indian Labour Laws & Shram Suvidha Simplified
From India, Kolkata
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