EMPLOYEE - PF


• A Managing Director or the Director of a Company cannot be an employee to be covered under the Employees' Provident Funds and Misc, Provisions Act.
Sanatan Ghosh v. Regional Provident Fund Commissioner, (1990) 2 CHN 249: 1990 LLR 742 (Cal HC).


• The employees of the contractors 'supplying products to an establishment will not attract the applicability of the Act.
Karachi Bakery (represented by its Managing Partner), Hyderabad v. Regional Provident Fund Commissioner, Hyderabad, (1991) 62 FLR 627: 1991 LLR 24 (AP HC).


• An employee retired after 55 years will not be liable to be covered under the Act on his re-employment if he has already withdrawn his full amount of accumulation on his retirement.
Bombay Printers Ltd. v. Union of India, (1992) 1 LLJ 816: 1991 LLR 443: 1991 (63) FLR 106 (Bom HC).


• Document showing that 3 sons of the petitioner were in his employment and were being paid wages – They come within the definition of 'employee'.
Goverdhanlal Purohit v. R.P.F. Commissioner, 1993 LLR 575 (Raj HC).


• Lady member of a society working for wages at a branch engaged in the manufacture of papads etc. will be covered under the Employees' Provident Funds and Misc. Provisions Act,
Shri Mahila Griha Udyog Lijjat Papad, labalpur v. Union of India, 1994 LIC 1308: (1994) 68 FLR 1129: (1994) 11 LLI 610: 1994 LLR 307 (MP HC).


• It is for the Central Government to bring a casual employee under Employees' Provident Fund Act.
Employers Association of Rajasthan v. Union of India, 1994 LLR 479 (Raj HC).


• Persons collecting and returning raw material on consideration cannot be covered under the Employees' Provident Funds & Misc. Provisions Act.
Punjab Khadi MandaI v. Regional Provident Fund Commissioner, Punjab, (1997) 1 LLN 480: 1996 LLR 490 (P&H HC).


• 'Home workers' as covered under the Beedi & Cigar Workers (Conditions of Employment) Act will be covered under the Employees' Provident Funds & Misc. Provisions Act.
Bagi Beedi Factory v. The Appellate Authority, (1997) 77 FLR 971: (1999) III LLJ Supp 739: 1998 LLR 23 (Kar HC).


• Employees engaged through contractor will be covered under Employees' Provident Funds and Misc. Provisions Act.
D.C.M. Ltd. v. Regional Provident Fund Commissioner, (1998) 79 FLR 913: (1998) 1 LLJ979: 1998 LLR 532 (Raj HC).


• Weavers/Artisans working at home will be covered by EPF & MP Act as employees.
Padiyur Sarvodaya Sangh (represented by its Secretary, R. Gmmnsigamani Ponniah) v, Union of India (represented by Secretary, Ministry of Labour) New Delhi, (2000) 1 LLJ 290: 1999 LLR 551 (Mad HC).


• Directors of a company working on part-time basis discharging extra duties apart from director will be employees under Employees' Provident Funds & Miscellaneous Provisions Act.
Tin Printers (Pvt.) Ltd. v. Regional Provident Fund Commissioner, West Bengal, (2001) 88 FLR 187: 2000 LLR 1175 (Cal HC).


• An employer will not be liable to pay 12% EPF contribution for an excluded employee under the EPF & MP Scheme.
Motor Industries Company Ltd. v. Regional Provident Fund Commissioner, (2001) 88 FLR 316: (2000) Il LLj 1606: 2000 LLR 1309 (Karn HC).


• Partners of an establishment receiving salaries will not be included as employees for its coverage under EPF & MP Act.
Om Roller Flour Mills v. Union of India, 2002 LIC 1229: 2002 LLR 683: 2002 LIC 1229: 2002 (IV) LIN 127: 2002-IlI LLJ 228 (Cal HC).


• The drivers, as engaged by the Managers of the Company whose wages are reimbursed by the Company through the Managers, will be covered under the Employees' Provident Funds & Miscellaneous Provisions Act since the Company has been providing uniforms, foot wears, monsoon equipment, winter clothing and even overtime when their services were required by their Managers beyond their duty hours.
BASF India Ltd. v. M. Gurusamy, Regional Provident Fund Commissioner, Maharashtra and Goa, (2004) 2 Mah LJ 164: 2004 LLR 463 (Bom HC).


• A partner of a firm having a status of beneficial will not be an employee either to be covered or counted under the Employees' Provident Funds & Miscellaneous Provisions Act.
Prakash D. Shah v. Union of India, (2004) 1 Mah LJ1043: 2004 LLR 218 (Bom HC).


• Only those casual workers engaged due to abnormal contingency will be excluded for the applicability of the EPF & MP Act.
Autocrat Tours v. Regional Provident Fund Commissioner, (2004) II CLR 763: (2004) 106 FJR 392: (2004) 102 FLR 268: (2004) III LLJ 143: 2004 LLR 780 (Del HC).


• A school, covered under the Provident Funds Act, will not be liable for payment of contributions of the employees such as drivers, conductors as engaged by the transport contractor for providing transportation.
Springdales School v, Regional Provident Fund Commissioner, 2006 LLR 47 (Del HC)


• The unloaders, as sitting inside the truck bringing bamboos for manufacture of paper, will be employees under the Provident Funds Act.
Orient Paper Mills v. Regional Provident Fund Commissioner, 2006 LLR 177 (MP HC).


• The definition of employee under the Provident Funds Act is an independent and comprehensive enough and cannot be borrowed from the other enactments.
Orient Paper Mills v. Regional Provident Fund Commissioner, 2006 LLR 177 (MP HC).


• The trainees, in an establishment covered by the Industrial Employment (5.0.) Act, will be excluded from the Provident Fund Act.
Regional Provident Fund Commissioner, Mangalore v. M/s. Central Aercanut & Coca Marketing and Processing Coop. Ltd., Mangalore, (2006) 2 SCC 381: AIR 2006 SC 971: (2006) 2 SCR 399: (2006) 1 LIN 529: (2006) 1 CLR 861: 2006 LLR 263 (SC).


• Persons engaged as apprentices but required to do work of regular employees are rightly covered under Provident Funds Act.
N.E.P.C. Textile Ltd., Rep. by its Director, Coimbatore v, Asst. P.F. Commissioner, Coimbatore, 2007 LLR 535 (Mad HC).


• Under Employees' Provident Funds Act 'employee' has been given wider meaning for coverage.
Delhi Public School, Ghaziabad v. Enforcement Officer, U.P. (Employees') Provident Fund, Ghaziabad, 2007 LLR 1082 (All HC).


• Provident Funds Act does not distinguish between regular employee or casual or those engaged through the contractor.
Jaggi & Co. v. Presiding Officer, Employees Provident Fund Appellate Tribunal, 2008 LLR 126 (Del HC).



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P F Act

P F Act

  • EPFO Launched new Grievance Management Portal


    • Enhancement of the cash benefit on Pension:

  • Enhanced the cash benefit payable to the family of EPF subscribers on their death in service from present maximum of rs.60,000 to rs.1.00 lakh. Published in the gazette of india, part ii, section 3, subsection (i), vide number g.s.r. 523(e), dated the 18th june, 2010
  • Download Notification


    • EPF(Amendment) Scheme, 2011


    MINISTRY’ OF LABOUR AND EMPLOYMENT
    NOTIFICATION
    New Delhi, the 15th January, 2011

    G.S.R. 25(E).—In exercise of the powers conferred by Section 5, read with sub-section (1) of Section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952. namely

    1. (1) This Scheme may be called the Employees’ Provident Funds (Amendment) Scheme, 2011.

       (2) It shall come into force from the 1st day of April, 2011

    2. In the Employees’ Provident Funds Scheme, 1952, (hereinafter referred to as the said Scheme), in paragraph 60, after sub-paragraph (5), the following sub-paragraph shall be substituted, namely:—

    “(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of paragraph 72”

    3. In the said Scheme, in paragraph 72, in sub-paragraph (6):—

       (a) for the words “but no claim has been preferred” the words “but no application for withdrawal under paragraphs 69 or 70 or transfer, as the case may be has been preferred ” shall he substituted:

       (b) for the words “three years”, at both the places where they occur, the words “thirty six months” shall be substituted.

        [F. No. S-35012/01/2010-SS-1I]
    S. K.. DEV  VERMAN, Jt. Secy.

    For more details :
    The PF old balance will stop earning interest. After three years of inactivity.
  • Download Notification

    • ESIC

    Employees’ State Insurance (Amendment) Act, 2010.


    Following are the some salient feature of the ESI (Amendment) Act, 2010.
    Extension Of The ESI Scheme To The Construction Site WorkerS :

  • The Construction site workers who were kept out of coverage of ESI act till date, Now covered with the implementation of it roll out "any time, anywhere". esic services will be available to these mobile and migratory workers with no geographical barrier.


    • APPRENTICES COVERED:

  • Benefits under the scheme have also been extended to apprentices and trainees employed under Apprentice Act and Standing Order Act.


    • POWER TO APPROPRIATE GOVERNMENT;

  • The appropriate Government is empowered to extend the provisions of ESIC Act 1948 to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice of its intention of doing so by notification in Official Gazette instead of notice period of six months.


    • DEFINITION OF DEPENDENT EXPANDED:

  • Definition of “dependents” as contained in clause 6A of section 2 of the Act has been extended to enlarge the number of beneficiaries under the act such as:
  • A widow, a legitimate or adopted son below the age of 25 years and an unmarried legitimate or adopted daughter. The age limit of the dependants has been enhanced from 18 to 25.

  • Dependent parents as per definition of “family” has been substituted so as to include;

    • “A minor brother or sister wholly dependent upon the earnings of the insured person in case the insured person is unmarried and his or her parents are not alive”. It has been also clarified that dependent parents to include “Dependent parents, whose income from all sources does not exceed such income as prescribed by the Central Government”.

    SMALL FACTORIES ALSO ARE COVERED:

  • The definition of Factory under Section 2(12) has been amended to expand coverage of smaller factories. The amended Act covers all factories, which employ 10 or more persons irrespective of the fact whether the manufacturing process is being carried out with the aid of the power or without the aid of the power.


    • INSPECTORS RE-DESIGNATED AS SOCIAL SECURITY OFFICERS:

  • The designation of Inspector has been re-designated as “Social Security Officer” to enroll them as facilitator of the Scheme rather than to act as mere inspectors.


    • VRS EMPLOYEES ALSO COVERED:

  • Medical benefits to the insured person and his spouse have been extended under circumstances where insured person retires under Voluntary Retirement Scheme or takes premature retirement. In the earlier Act the benefit was applicable only on attaining the age of superannuation. Proviso to sub section 3 of section 56 has been substituted to provide the same.


  • NOTIONAL EXTENSION OF PREMISES:

  • Accident occurring to an insured person while commuting from his residence to the place of employment and vice-a-versa shall be deemed to have arisen out of and in the course of employment for the purpose of benefit under the Act. A new section 51-E has been added for this purpose.


    • UNORGANIZED SECTOR EMPLOYEES COVERED:

  • A new Chapter V-A has been added to enable provision for extending medical care to non insured persons against payment of user-charges to facilitate providing medical care to the below poverty line (BPL) families and other un-organized sector workers covered under the Rashtriya Swasthya Bima Yojana (RSBY).


  • Exemption of a factory or establishment or class of factories or establishments from the operation of this Act will be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.


  • Section 91 A of the Act is amended to removing. retrospective grant of exemption from the provision of the Act
  • Download ESI (Amendment) Act 2010


    • ESIC ONLINE PORTAL:

  • ESIC Launched New Online Portal for Submitting Application and Returns


    • ESI WAGE CEILING:

  • ESI WAGE CEILING ENHANCED FROM Rs. 10000 TO Rs. 15000 w.e.f 01-05-2010
  • Download ESI Wage Ceiling Notification

    •
    Minimum Wages

    AP MINIMUM WAGE

    SECURITY SERVICES :
  • Zone I:All Municipal Corporations
  • Zone II : All Municipalities
  • Zone III : Rest of the area


  • Highly Skilled :
    • (Security Supervisor/ Officer/ Field Officer)

    Z-I: 7500, Z-II: 6500,Z-III: 5000

  • Skilled :
    • (Security Inspector/ ASO/ Intelligance and Fire Fighting Personal, Head Gaurd)

    Z-I: 7000, Z-II: 6000, Z-III: 4500

  • Semi-Skilled :
    • (Asst. Security Inspector /Security Gaurds with Arms)

    Z-I: 6500, Z-II: 5500, Z-III: 4250

  • Un-Skilled :
    (Security Gaurds without Arms)

    • Z-I: 5000, Z-II: 4250, Z-III: 4000


    CONTRACT LABOUR :

    Andhra Pradesh contract labour minimum wages are revised w.e.f 18 aug'09 as:
  • Un-Skilled: Rs. 155 per day, Rs. 4030 per month

  • Semi-Skilled: Rs. 195 per day, Rs. 5070 per month

  • Skilled: Rs. 235 per day, Rs. 6110 per month
    •

    I D Act 2010

  • Enhancement of wage ceiling of a workman from Rs. 1600/- pm to Rs. 10000/- pm under section 2(s) of the Act

  • Direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of section 2A of the Act

  • Expanding the scope of qualifications of Presiding Officers of Labour Courts or Tribunals under sections 7 and 7A of the Act
  • Establishment of Grievance Redressal Machinery in every Industrial establishment employing twenty or more workmen for the resolution of disputes arising out of individual grievances

  • Empowering the Labour Court or Tribunal to execute the awards, orders or settlements arrived at by Labour Court or Tribunal
  • Link to ID Act (Amnd) Act, 2010

    •

    HR Info.in

    Hr Info.in

    Workmen's compensation Act, 2010

    Given below are the synopsis of the changes.

  • THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009 is now renamed as THE EMPLOYEE'S COMPENSATION (AMENDMENT) ACT, 2009 and wherever "workman" or "workmen" is mentioned in the entire Act the same needs to be read as "Employee" to make it gender sensitive.


  • The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor.


  • The compensation payable on Permanent Total Disablement from the injury, is (i) minimum of Rs.90000 is increased to Rs.140000 or (ii) 60% of the monthly wages of deceased multiplied by the relevant factor.


  • actual reimbursement of medical expenses incurred on account of injury caused during course of employment.


  • Empower the Central Government to specify monthly wages for the purpose of compensation. It is 50% of Rs.8000/-. This amendment is notified vide Central Government Notification No. S.O. 1258(E) vide Ministry of Labour & Employment dated 31st May 2010.


  • Definition of workmen replaced by "Definition of Employee"- also now includes CLERICAL employees.


  • The Commissioner shall dispose compensation cases within a time period of 3 months.
  • Download Emploee's Compensation (Amnd) Act, 2010
  • Download Emploee's Compensation Wage Limit Notification

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