Anonymous
Dear Sir,

I have some queries related to PF opt-out option and hope you will assist me with the same.

1) If an employee was a member of PF in their last company and withdrew their PF amount, can they opt-out from PF? As per my understanding, if someone was already a member of PF, they cannot opt-out. (Please correct me if I am mistaken).

2) Do I need to submit Form 11 at the PF office, or should I just maintain my records?

3) We have approximately 37 employees in our company. Is it possible for some employees to opt-out while others cannot?

Your help on these matters would be greatly appreciated.

From India, Solan
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Hi Mr. Sapna,

For your first query:
My answer is yes, if an employee withdraws his/her whole PF amount from previous employment, he/she may opt out of PF.

For your second query:
Sorry, I didn't know the answer.

For your third query:
No, you cannot do that unless the first scenario happens (Your First Query-Case).

With Regards,
Mr. Thumbs Up

From India, Chennai
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Dear Sir
Few days ago, I applied PF Voulantry coverage for our Establishment . we attached our salary structure with that application.
Example Salary structure is as follows.
Name Gross Salary Basic DA HRA TA Gross Earn PF deduction ESI deduction Net Wages
Xxxxxx 10000 5000 1000 2000 2000 10000 720 175 9105
We deduct the PF contribution for basic wages and DA only.
But PF enforcement officer advised to us that, please deduct the pf contribution for gross earning (expect HRA ) and don’t take Basic & Da.
As per the PF act , you would deduct the amount for whole salary. Ii it true?
But most of the companies pay only basic wages and DA . please advise me senior. It will be help me .

From India, Chennai
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Basic= 5000 DA=1000 HRA=2000 TA=2000 PF deduction=720 ESI Deduction=175 Net wages =9105
From India, Chennai
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Hi Mr.Kalyanasundaram, As per PF&MP Act-1952 we have to deduct PF contribution from BASIC+DA only (Above Calculation is right). With Regards Mr.Thumbs UP
From India, Chennai
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atomz
19

Ok Sapna,

Let's go through it point by point.

1. If an employee has withdrawn his/her EPF and EPS from the EPFO, then he/she will be treated as a new member of the EPFO if he/she joins again. Opting out is not an option for a person whose salary is less than 15000 (salary on which you deduct EPF, it may be Basic + DA or Gross, as per company policy). However, if the salary is more than 15000, then it is the option of the employer and the employee to opt for EPF or not.

2. Form No. 11 (R) is mandatory as per EPFO, but you do not have to submit it to the EPFO. All you have to do is go to https://employerclaims.epfoservices.in/ and go to PREVIOUS EMPLOYMENT to fill in the previous employment details of employees and get it digitally signed.

3. Once again, it is not an option for those earning less than 15000.

Hope I have everything correct.

Stay cool.

Atomz

From India, Phagwara
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Hello Professionals,

We are running a Labour Law consultancy in Bangalore and we provide services in Payroll, PF, ESI, and other labor laws. If anyone is looking for these services or more information, please contact us at the phone number below.

Regards, Govind Sagar AV MSW, LL.B Labour Law Consultant, Bangalore PH - 9036368502

From India, Bangalore
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All employees who have withdrawn PF cannot opt out of PF in the next Co even if their salary is above Rs15000/- per month. The withdrawal should be due to retirement after the age of 55 years or for migration from India. Withdrawal after resignation or termination is not a ground for opting out. Read the definition of 'excluded employee' in the EPF scheme.
From India, Thiruvananthapuram
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