Hi Frndz.... Plz clear my doubt.. Is the no. of employees minimum of 20 is compulsory to get the benefits of EPF?? Curently we hv 12 staffs... Rgds, Divya
From India, Kochi
From India, Kochi
Dear Divya,
Employees' Provident Fund and Miscellaneous Provisions Act 1952 is applicable to:
1) Every establishment which is engaged in any one or more of the industries specified in Schedule I of the Act or any activity notified by Central Government in the Official Gazette. (List of Industries/Establishments)
2)Employing 20 or more persons .
3)Cinema Theatres employing 5 or more persons.
The Act does not apply to:
The co-operative societies employing less than 50 persons and working without the aid of power. 16(1)(a)
The establishment to which this Act applies shall continue to be governed by this Act , even if the number of employees falls below 20 at a later date. [ 1(5)].
16(1)(b) Establishments under the control of state/central Govt.& employees who are getting benefits in the nature of 16(1) (b) contributory P.F. or old age pension as per rules framed by the Govt.
16(1)(c) Establishment set up under any central, provincial or state act and the employees who are getting benefits in the nature of contributory P.F. or old age pension as per rules.
Voluntary Coverage
If any of the establishment is not satisfying the above two conditions for coverage and if the employer and majority of the employees are willing , the Act may be applicable to such establishment ( voluntary coverage under section 1(4) )
So if the employees of your company and the employees want to be get covered under PF Act, then you can.
Regards
Abhishek
From India, New Delhi
9Employees' Provident Fund and Miscellaneous Provisions Act 1952 is applicable to:
1) Every establishment which is engaged in any one or more of the industries specified in Schedule I of the Act or any activity notified by Central Government in the Official Gazette. (List of Industries/Establishments)
2)Employing 20 or more persons .
3)Cinema Theatres employing 5 or more persons.
The Act does not apply to:
The co-operative societies employing less than 50 persons and working without the aid of power. 16(1)(a)
The establishment to which this Act applies shall continue to be governed by this Act , even if the number of employees falls below 20 at a later date. [ 1(5)].
16(1)(b) Establishments under the control of state/central Govt.& employees who are getting benefits in the nature of 16(1) (b) contributory P.F. or old age pension as per rules framed by the Govt.
16(1)(c) Establishment set up under any central, provincial or state act and the employees who are getting benefits in the nature of contributory P.F. or old age pension as per rules.
Voluntary Coverage
If any of the establishment is not satisfying the above two conditions for coverage and if the employer and majority of the employees are willing , the Act may be applicable to such establishment ( voluntary coverage under section 1(4) )
So if the employees of your company and the employees want to be get covered under PF Act, then you can.
Regards
Abhishek
From India, New Delhi
It is true that it is possible that you can get PF coverage even if the number of employees is below 20. However, the departemt does a check about the intenion of the employer who make a request for voluntary coverage. It is not as easy as it in case of statutory cioverage. Bharat
From Japan
From Japan
Dear Mr.Abhishek, We are a computer center having RC and the staff working are in floating nature i.e. they work for 4 to 5 months and then leave.At any time the number of staff may be around 15 average and 20 for a day or two.We are 2 year old co.We are registered for ESI and pay ESI from Jan12.We filed IT return though we made a loss last year.
Are we compulsorily to pay EPF.?
Can we defer it or delay it?If yes, what are the records we have to keep?
Please help with your advice.
From India, Chennai
Are we compulsorily to pay EPF.?
Can we defer it or delay it?If yes, what are the records we have to keep?
Please help with your advice.
From India, Chennai
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