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Person Undergoing Training Covered Under EPF And Provisions Act? - CiteHR

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S. Shakeb Rahman
My Company is registered with the Institute of Company Secretaries of India, for imparting 15 months Management Training to CS Students in accordance with the Institute of Company Secretaries Regulations, 1980.
The Company pays stipend of Rs. 15,000 p.m. to CS qualified students and Rs. 10,000 to CS semi qualified students. The Company does not deduct provident fund and ESIC contribution from the stipend paid to the CS Trainees.
The Company indicates in the offer letters of CS Trainees that “the training facilities offered would be a part of Company Secretaryship Course. You will not have any right whatsoever for being considered for any employment in our organisation”.
In this regard, I have a few queries which are as under:-
Whether a person undergoing CS training in the Company would be covered under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 and the Employees’ State Insurance Act, 1948 or not.

From India, Mumbai
korgaonkar k a
2555

Dear Shakeb Rahman, It seems your posting is incomplete. The provisions of PF and ESI Act will not apply to the students engaged by you as a part of their curriculum of CS course.
From India, Mumbai
S. Shakeb Rahman
Whether the Company needs to deduct Provident Fund and contribution for ESIC from the stipend of CS Trainees.
The ESIC Inspector has instructed us to cover the CS Trainees under the provisions of the Employees’ State Insurance Act, 1948. However, as per our understanding the CS Trainees are covered under the term “Apprentice” as per the Apprentices Act, 1961. Therefore, the Company is not obliged to contribute for Provident Fund and ESIC for the CS Trainees.
We seek your response urgently in this regard to avoid any non-compliance with the said laws.

From India, Mumbai
vasandaa10
1

Can anyone help me to clear this query??? If a candidate is employed in an org. with a beginning salary of Rs. 7000/- whether it is necessary to deduct PF or not???
From India, Coimbatore
varghesemathew
910

So far as I know CS/CA trainees are not covered by the Apprentices Act.Only trainees under Apprentices Act is excluded from ESI Act. Varghese Mathew 9961266966
From India, Thiruvananthapuram
loginmiraclelogistics
1063

Dear friend,
You may go thro' the discussion in the following link -
https://www.citehr.com/349913-hotel-...e.html#1614803
Also go thro' the notes attached for relevant information.
Reg. PF. persons drawing > Rs.6500 need not be covered legally. But if both - employer and employee agree voluntarily they can be covered and that too treating @ Rs.6500/- or even at actuals, no compulsion.

From India, Bangalore
Attached Files (Download Requires Membership)
File Type: doc ESI FOR TRAINEEs.doc (35.5 KB, 230 views)

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