Labour Laws - Part 1 (PF)
Labour Laws - Part 1 (PF)
Labour Laws - Part 1 (PF)
• An establishment to which this Act applies shall continue to be governed by this Act
notwithstanding that the number of persons employed therein at any time falls below twenty.
• Section 2A.
• Establishment to include all departments and branches.—For the removal of doubts, it is
hereby declared that where an establishment consists of different departments or has
branches, whether situated in the same place or in different places, all such departments
or branches shall be treated as parts of the same establishment.
Definitions (Section 2)
• (a) “appropriate Government” means—
• (i) in relation to an establishment belonging to, or under the control of, the Central Government or in relation to
an establishment connected with a railway company, a major port, a mine or an oilfield or a controlled industry, or
in relation to an establishment having departments or branches in more than one State, the Central Government;
and
• (ii) in relation to any other establishment, the State Government;
• (aa) “authorised officer” means the Central Provident Fund Commissioner, Additional Central Provident Fund
Commissioner, Deputy Provident Fund Commissioner, Regional Provident Fund Commissioner or such other
officer as may be authorised by the Central Government, by notification in the Official Gazette;]
• (b) “basic wages” means all emoluments which are earned by an employee while on duty or on leave or on
holidays with wages in either case] in accordance with the terms of the contract of employment and which are
paid or payable in cash to him, but does not include—
(i) the cash value of any food concession;
(ii) any dearness allowance (that is to say, all cash payments by whatever name called paid to an
employee on account of a rise in the cost of living), house-rent allowance, overtime allowance, bonus
commission or any other similar allowance payable to the employee in respect of his employment or of
work done in such employment;
(iii) any presents made by the employer;
(c) “contribution” means a contribution payable in respect of a member under a Scheme or the
contribution payable in respect of an employee to whom the Insurance Scheme applies;
Definitions (Section 2)
• Employees drawing a salary (Basic+ DA) of less than Rs. 15000/- per
month have to MANDATORILY become members of the EPF
EPF also allows Contribution beyond the statutory requirements by the employee if he/she wishes to.
An employee can contribute upto 88%/90% (statutory deduction of 12%/10% as the case may be) of the
basic salary +DA
Recovery from Employers and Contractors (Section
8A)
• 8A. Recovery of moneys by employers and contractors.—
• (1)The amount of contribution (that is to say the employer’s contribution as well as the
employee’s contribution in pursuance of any Scheme and the employer’s contribution in
pursuance of the Insurance Scheme), and any charges for meeting the cost of
administering the Fund paid or payable by an employer in respect of an employee
employed by or through a contractor may be recovered by such employer from the
contractor, either by deduction from any amount payable to the contractor, under any
contract or as a debt payable by the contractor.
• (2) A contractor from whom the amounts mentioned in sub-section (1) may be recovered
in respect of any employee employed by or through him, may recover from such employee
the employee’s contribution under any Scheme by deduction from the basic wages,
dearness allowance and retaining allowance (if any) payable to such employee.
• (3) Notwithstanding any contract to the contrary, no contractor shall be entitled to deduct
the employer’s contribution or the charges referred to in sub-section (1) from the basic
wages, dearness allowance, and retaining allowance (if any) payable to an employee
employed by or through him or otherwise to recover such contribution or charges from
such employee.
Protection against attachment (Section 10)
• 10. Protection against attachment.—
• (1) The amount standing to the credit of any member in the Fund or of any exempted employee in
a provident fund shall not in any way be capable of being assigned or charged and shall not be
liable to attachment under any decree or order of any court in respect of any debt or liability
incurred by the member or the exempted employee, and neither the official assignee appointed
under the Presidency-towns Insolvency Act, 1909 (3 of 1909), nor any receiver appointed under
the Provincial Insolvency Act, 1920 (5 of 1920), shall be entitled to, or have any claim on, any such
amount.
• (2) Any amount standing to the credit of a member in the Fund or of an exempted employee in a
provident fund at the time of his death and payable to his nominee under the Scheme or the rules
of the provident fund shall, subject to any deduction authorised by the said Scheme or rules, vest
in the nominee and shall be free from any debt or other liability incurred by the deceased or the
nominee before the death of the member of the exempted employee [and shall also not be liable
to attachment under any decree or order of any court.
• (3) The provisions of sub-section (1) and sub-section (2) shall, so far as may be, apply in relation to
the family pension or any other amount payable under the [Pension] Scheme [and also in
relation to any amount payable under the Insurance Scheme] as they apply in relation to any
amount payable out of the Fund.]
Priority of Payment of contribution over other debts (Section 11)
• 11. Priority of payment of contributions over other debts.—
• (1) [Where any employer is adjudicated insolvent or, being a company, an order for winding up is made, the amount due
— (a) from the employer in relation to an establishment] to which any Scheme or the Insurance Scheme applies in respect
of any contribution payable to the Fund or, as the case may be, the Insurance Fund, damages recoverable under section
14B, accumulations required to be transferred under sub-section (2) of section 15 or any charges payable by him under
any other provision of this Act or of any provision of the Scheme or the Insurance Scheme; or
• (b) from the employer in relation to an exempted establishment in respect of any contribution to [the Provident Fund or
any Insurance Fund (in so far it relates to exempted employees), under the rules of [the Provident Fund or any Insurance
Fund], any contribution payable by him towards the Family Pension Fund under sub-section (6) of section 17, damages
recoverable under section 14B or any charges payable by him to the appropriate Government under any provision of this
Act or under any of the conditions specified under section 17 shall, where the liability thereof has accrued before the
order of adjudication or winding up is made, be deemed to be included] among the debts which under section 49 of the
Presidency-towns Insolvency Act, 1909 (3 of 1909), or under section 61 of the Provincial Insolvency Act, 1920 (5 of 1920),
or under Section 530 of the Companies Act, 1956 (1 of 1956), are to be paid in priority to all other debts in the
distribution of the property of the insolvent or the assets of the company being wound up, as the case may be.
• Explanation.—In this sub-section and in section 17, “insurance fund” means any fund established by an employer under
any scheme for providing benefits in the nature of life insurance to employees, whether linked to their deposits in
provident fund or not, without payment by the employees of any separate contribution or premium in that behalf.
• (2) Without prejudice to the provisions of sub-section (1), if any amount is due from an employer whether in respect of
the employee’s contribution (deducted from the wages of the employee) or the employer’s contribution, the amount so
due shall be deemed to be the first charge on the assets of the establishment, and shall, notwithstanding anything
contained in any other law for the time being in force, be paid in priority to all other debts.
Employer not to reduce wages (Section 12)
In case a member withdraws his EPF and has rendered less than 5 years of service and
accumulated amount is more than Rs. 50,000/, TDS shall be applicable on the following rates:-
68-B, Purchase of Twenty four months wages & DA or total balance in PF account(Employees’ +Employer) or total
68- House/flat, Five years membership of the Fund. cost, whichever is less. After five years another part withdrawal equal to 12 months wages & DA
2.
BC,68 including acquisition Employees’shareis more than Rs 1,000/- or employees’ share for addition/alteration. After ten years from the original sanction, another
- BD of land. part withdrawal equal to 12 months wages & DA or employees’ share for addition/alteration.
Purchase of
House/flat, Five years membership of the Fund.
4. 68-BC Total balance in PF account office member or cost of acquisition, whichever is less.
including acquisition employees’ share is more than Rs 20,000/-
of land.
Purchaseof
Three years membership of the Fund. Member
House/flat, 90% of PF accumulation (both shares) or cost payable, whichever is less.
5. 68-BD of a registered Cooperative Society. Employees’
including acquisition Employees’share is more than Rs 25,000/-
share is more than Rs 25,000/-
of land.
Non Refundable Advances from Provident Fund
Para of EPF
S.N. Scheme Purpose Eligibility Amount admissible
1952
If the employee
remains unemployed Unemployment should be more than
7. 68HH Upto 75% of total PF balance.
for more than one one month
month
Physically handicapped
On account of physical
12. 68-N members for purchaseof Basic Wages & DA for six months or employees’ share or cost of equipment, whichever is less.
handicap.
equipment