03 February 2009
our is a pvt ltd. co. mfg combines having around 70 employees. These includes direct labour in the mfg deptt., foremen and adm. staff. Around 60 employees and one director is given a remuneration of Rs. 10000/- or more. Only 10 employees are there who are given salary of Rs. 6500/- or less. I want to know whether PF is applicable on our co. or not. Should we apply for EPF? We use to pay the salary in cash only. No bifurcation of the salary is made. Please guide me what to do It is very urgent. Thanx
03 February 2009
PF is applicabe if you have more than 20 employees. Since you are telling you have 70 employees and if all the people are in your roll then pf is applicable.
04 February 2009
But Sir PF is applicable only if the co. has 20 or more employees drawing salary Rs.6500/- p.m. or less. We have only 10 such employees. Others are paid a salary of Rs. 10000/- or more. PF is not applicable to them as per my knowledge. Please reply again. Thanx
04 February 2009
EPF covered whole india except J&K
Coverage
Establishments employing 20 or more persons and engaged in any of the 180 industries / Classes of Businesses specified.
Co-operative Societies, employing 50 or more persons & working without the aid of power.
Establishments not coverable statutorily can come under the coverage of the Act statutorily.
An establishment continues to be covered under the Act, irrespective of the fall in the employment strength.
Since the Act applies on its own force to the establishments, the employers are required to file the particulars in the specified format for registration and allotment of business number. Financial Obligations:
Contributions:
Statutory rate of contribution is 12% of emoluments (basic wages, dearness allowance, cash value of food concession and retaining allowances if any,) in the case of 175 establishments.
Rate of contribution shall be 10% in the case of the following: Brick, beedi, jute, guar gum factories, coir industry other than spinning sector.
Establishments declared as sick undertakings by BIFR.
A matching contribution is to be collected from the emoluments of the employees. Out of 12% (or 10% as the case may be) of the employer’s share of contribution, 8.33% is to be remitted towards pension fund.
Employer is also required to pay a contribution of 0.5% of the emoluments towards EDLIS’1976. Administrative Charges:
An employer is required to pay administrative charges at 1.10% of emoluments towards provident fund charges and 0.01% towards EDLI Scheme 1976.
No separate administrative charges for pension scheme Inspection Charges:
In respect of exempted establishment under P.F. Scheme employer is liable to pay only inspection charges at the rate of 0.18% of emoluments.
In the case of establishment exempted from EDLI Scheme, the employer is required to pay only inspection charges at the rate of 0.005% of emoluments. Interest Liability:
For belated remittances of contributions, administrative / inspection charges interest at the rate of 12% on such remittances for the period of delay is to be remitted. Damages:- For all the belated remittances of contribution and administration/inspection charges damages are also payable as penalty ranging from 17% to 37% p.a. depending upon delay. Duties of Employer
Enrol all categories of employees including the employees engaged by or through contractors and also piece rated, hourly rated employees.
Remit the contributions and administrative charges before the 15th of the following month.
File the initial returns of Form 9, Form 3(P.S.), form 5A.
File the monthly returns in Form 12A, Form 5, Form 10 and Challans for remitting the dues.
Maintain the contribution card in respect of each employee in Form 3A and submit the annual returns in Form 3A and 6A after reconciliation with Challans and form 12A.
The employer has to ensure that statutory dues in respect of contractors employees are remitted and returns filed.
Employer should attest the form No.2 and the claims forms submitted by the member/ legal heirs/ nominees.
Make available all relevant records for inspection of visiting officials with due authorisation.
as per these provision PF is applicable to ur co
u can take contractors service (supplying person less than 20)
and enrol on the company role less than 20 person to avoid the applicability of PF Act
CAclubindia
