Is it possible for employer to discontinue with EPF? Company crossed 20 employee mark and registered for PF. But as of now it has 10 employees and company doesn\'t wish to contribute towards EPF.
From India, Bangalore
From India, Bangalore
Hi Puja,
It is not possible to discontinue PF contribution even if strength of the company falls below the specified range. PF once registered must and should continue even if strength alters.
Thanks & Regards,
Srilakshmi korukonda
From India, Hyderabad
28It is not possible to discontinue PF contribution even if strength of the company falls below the specified range. PF once registered must and should continue even if strength alters.
Thanks & Regards,
Srilakshmi korukonda
From India, Hyderabad
Yes pl. .No way out. Under section 1(3)(5) ,estt.is to be continued to be governed by this Act .You have to deposit the due in r/o number of persons employed.
Chandok AK
RPFC (Retd.)
<link no longer exists - removed>
From India, Chandigarh
Chandok AK
RPFC (Retd.)
<link no longer exists - removed>
From India, Chandigarh
Mr Chandok,
One of my friends have 3 separate establishment all with different name,different Shop registration, separate a/c,separate tax registration separate premises,separate directors ie; with no functional integrity.I told him that EPF act is not applicable.None of the establishment has 20 persons in its roll.
But he wants to cover all employees of these establishments under EPF. Is it possible ,how?
Varghese Mathew
From India, Thiruvananthapuram
One of my friends have 3 separate establishment all with different name,different Shop registration, separate a/c,separate tax registration separate premises,separate directors ie; with no functional integrity.I told him that EPF act is not applicable.None of the establishment has 20 persons in its roll.
But he wants to cover all employees of these establishments under EPF. Is it possible ,how?
Varghese Mathew
From India, Thiruvananthapuram
Dear Sir, All depends upon the various tests laid down by Supreme Court in the matter of clubbing of estts. Main being functional integrality, interdependence , management, transfer of employees. Whether closing of one will result into closure of all etc ,etc.
As per status given by you of these estts., prima facie, these are not clubbable,. It will be difficult to convince him but let him give in writing and you represent your contentions in writing, let the matter be decided by RPFC under section 7-A wherein you must submit all your contentions favouring your case.
In case RPFC decides against your contentions, file Appeal in the Appeellate Tribunal ,Delhi.
Chandok AK
RPFC (Retd.)
<link no longer exists - removed>
From India, Chandigarh
As per status given by you of these estts., prima facie, these are not clubbable,. It will be difficult to convince him but let him give in writing and you represent your contentions in writing, let the matter be decided by RPFC under section 7-A wherein you must submit all your contentions favouring your case.
In case RPFC decides against your contentions, file Appeal in the Appeellate Tribunal ,Delhi.
Chandok AK
RPFC (Retd.)
<link no longer exists - removed>
From India, Chandigarh
Shri Chandok,
Here there is no invoking of sec 7A .No authorities of EPF has asked him to cover these establishments and there is no contention.It is the employer who has common interest in these establishment who is interested in covering all the three establishment together and want to contribute his share for the employees though each est: donot have 20 persons employed.Then how can he cover all the employees under EPF?.I have already told him that he is legally not liable.When many employers are trying to avoid EPF this gentleman is ready to cover his employees though he can very well evade it.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
Here there is no invoking of sec 7A .No authorities of EPF has asked him to cover these establishments and there is no contention.It is the employer who has common interest in these establishment who is interested in covering all the three establishment together and want to contribute his share for the employees though each est: donot have 20 persons employed.Then how can he cover all the employees under EPF?.I have already told him that he is legally not liable.When many employers are trying to avoid EPF this gentleman is ready to cover his employees though he can very well evade it.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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