Dear All, Please find the attachment for The Labour Ministry has made a recent amendment relating to provident fund norms for overseas workers in India. Regards, Varun
From India, Bangalore
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Dear Varun,

I could not see the attachment. However, I shall quote TAXGURU in this regard.

"Govt tightens PF norms for overseas workers in India

Submitted by: arunkgupta on dated Sunday, November 28th, 2010

India has tightened norms for withdrawal of provident fund by overseas workers employed in the country, prohibiting them from taking back this money until they are 58 years old or are incapacitated. "An international worker may withdraw the full amount standing to his credit in the Fund: a) on retirement of services in the establishment at any time after the attainment of 58 years, b) on retirement on account of permanent and total incapacity for work due to bodily or mental infirmity," said an amendment carried out by the Labour Ministry.

However, analysts said that these norms have been tightened for those countries that don't have social security agreements (SSA) with India, and the move may prompt them to go in for such pacts.

India has such agreements with 11 countries, but they are effective only with Germany and Belgium.

"In general, international workers (IWs) coming from non-SSA countries will not be eligible to withdraw their PF accumulations before the age of 58. This may block huge amounts of contributions made by IWs and their employers," said Vineet Agarwal, Director with consultant KPMG.

This amendment, said Agarwal, will cause financial hardships to IWs who were making contributions to PF under the impression that they can withdraw the money on completion of their employment in India.

The move will prompt countries who do not have SSAs with India to sign such pacts. "The amendment may put pressure on the countries which have not entered into SSAs till date, to now enter into such agreements with India," Agarwal said.

The tax consultancy firm Deloitte said the amendments will raise the cost structure of these workers in India.

"This amendment will inflate the cost structure of Indian assignment of IWs, and the employers will have to factor this additional cost into their financial budget," it said in a statement here.

IWs were earlier not covered under the Employees' Provident Fund Scheme. In October 2008, India made changes to the scheme by bringing them under the purview of the social security regime.

Accordingly, IWs and the employers for whom they are working in India are required to make social security contributions in India."

Abbas.P.S

From India, Bangalore
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All: Attaching the Gazette notification of the amendment Regards, Nanda
From India, Madras
Attached Files (Download Requires Membership)
File Type: pdf PF amendment 2010.pdf (639.6 KB, 619 views)

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Dear all,

I want to inquire about the eligibility criteria for PF. Is it necessary for the basic salary to be 6500 for PF eligibility? Also, what are the rules regarding PF if an employee's basic salary is 7200? Are they still eligible for PF deduction?

Thank you.

Regards,
Arti Singh

From India, Delhi
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