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Provident fund

chandru (audit assistant) (33 Points)

26 June 2015

hi experts. we are company, and going to appoint one CA holding COP, on contract basis for accounting consulting works. and he will have full time work in our office. do we need to count him for the purpose of provident fund.?

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CMA Poornima Madhava (CMA) (13112 Points)
Replied 26 June 2015

As per EPF Act, “employee” means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of an establishment and who gets his wages directly or indirectly from the employer, and includes any person:

(i) employed by or through a contractor in or in connection with the work of the establishment;

(ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961) or under the standing orders of the establishment.

Hence he shall be included for the purpose of PF I think.

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Jolly (student) (41 Points)
Replied 26 June 2015

I think....Consultancy charges need not attrect the provision of PF....

ajit hegde (article) (82 Points)
Replied 27 June 2015

CA appointed as a consultant doesnt fall under the defination of "employee". Hence pf provision is not required in my opinion.

ajit hegde (article) (82 Points)
Replied 27 June 2015

CA appointed as a consultant doesnt fall under the defination of "employee". Hence pf provision is not required in my opinion.

CMA Poornima Madhava (CMA) (13112 Points)
Replied 27 June 2015

Sorry, typo, he shall NOT be included for the purpose of PF

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chandru (audit assistant) (33 Points)
Replied 28 June 2015

Thanks all experts for it kind reply.....

nagendra.s (accountant) (69 Points)
Replied 28 June 2015

Dear experts Any answer tell with confidance U say in my opinion this is not correct

karthik b K (ca student) (21 Points)
Replied 29 June 2015

There is no employer and employee relationship,it is only a contract between two principles,as the chartered accountant is holding a COP,hence PF act is not applicable to him.