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Employee provident fund act 1952

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Information about Employee provident fund act 1952
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Published on August 13, 2012

Author: vinodconnected

Source: authorstream.com

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Employee provident fund act 1952 and Equal remuneration act 1976: Employee provident fund act 1952 and Equal remuneration act 1976 Objective: Objective The Employees provident funds act, 1952 is enacted to provide a kind of social security to the industrial workers. The Act mainly provides retirement or old age benefits, such as Provident Fund, retirement and retirement due Superannuation Pension, Invalidation Pension, Family Pension and Deposit Linked Insurance. The act provides for payment of terminal benefits in various contingencies such as retrenchment, closure, retirement on reaching the age of superannuation, voluntary retirement and retirement due to incapacity to work. APPLICABILTY OF THE aCT: APPLICABILTY OF THE aCT To every factory employing 20 or more persons. Any establishment to which the Act applies shall continue to be governed by the Act even if the number of persons employed therein at any time falls below. EMPLOYEES PROVIDENT FUND SCHEME 1952: EMPLOYEES PROVIDENT FUND SCHEME 1952 Applicability : Every employee employed in or in connection with the work of a factory or other establishment covered by the schemes other than an excluded employee is entitled and required to become a member of the fund from the date of joining the factory or establishment. Excluded Employee : An employee who, having been a member of the fund, has withdrawn the full amount of his contribution in the fund (a) on retirement from service after attaining the age of 55 years or (b) before migration from India for permanent settlement abroad; or for taking employment abroad An employee whose pay at the time he is otherwise entitled to become a member of the Fund, exceeds Rs . 6,500/- per month. A person who, is an apprentice, or who is declared to be an apprentice by the authority specified in this behalf by the appropriate Government. CONTRIBUTION UNDER EPF SCHEME 1952: CONTRIBUTION UNDER EPF SCHEME 1952 1. Employees : 12% on Basic + DA 2. Employer : (a) 3.67% on Basic + DA (b) Administrative Charges : 1.10% on Basic +DA The employees’ pension scheme 1995: The employees’ pension scheme 1995 Purpose : The purpose of the scheme is to provide for (1) superannuation pension, retiring pension or permanent total disablement pension to employees covered by the Employees’ Provident Funds and Miscellaneous Provisions Act, and (2) widow or widower’s pension, children pension or orphan pension payable to the beneficiaries of such employees. contribution: contribution 1. Employee: Not required 2. Employer : (a) 8.33% on Basic + DA It is to be noted that where the pay of the member exceeds Rs . 6,500/- per month, the contribution payable by the employer will be limited to the amt. payable on his pay of Rs . 6,500/- only. Formalities under EPF Act: Formalities under EPF Act Employees have been appointed on salary(Basic + DA or Consolidated ) of Rs . 6500 or less or covered under the provision of the EPF Act, right from the day of commencement of their work. Employee can contribute more behind Rs.6500 similarly employer also at his discretion can do so but not mandatory EPF Act is applicable to such of the establishments who are engaging 20 or more persons or had engaged 20 or more persons at any time during calendar year . Casual workers/ Temporary workers/ Probationary, even if they had performed work even for a day, are technically taken into account for the purpose of assessments of strength of 20 for the purpose of applicability of the act and are also covered under the act. Apprentices/ Trainees are excluded from the definition of employees. Contd…: Contd … Percentage of contribution to be deducted from employees contribution is 12% of his salary, namely Basic + DA , but does not include HRA, CCA, Incentive, Bonus, Washing allowance etc. Employer contribution of 12% of the salary of employees is to be paid as under 3.67% to be remitted in Account No.1 ( Employees Account)‏ 8.33% to be remitted in Account No.10 towards pension fund In addition to 12% of the employer has to remit 1.61% paid as under 1.10% Administrative charges in Account No.2 0.5% EDLI in Account No.21 0.01% Inspection charges in Account No.22 Contd…: Contd … To facilitate the employer to make the above contribution a consolidated challan ( in quadruplicate) is made in which all the above contributions could be remitted one challan itself. Compliances under epf act 1952: Compliances under epf act 1952 In SBI Before 15 th of every month Challan Monthly contribution of Employer & Employee in Challan for previous month 2. RPFC office Before 25 th of every month 12A Monthly Return 4 RPFC office Before 15 th of every month 10 Return of Employees Leaving 3 RPFC office Before 15 th of every month 5 Return of Employees Qualifying 2. RPFC office At the time of joining 2 Declaration Form from new Joinees 1. Remark / Submitted to Compliance Date Form No. Type of Compliance Sr. No. Contd…: Contd … RPFC office When new Recruit 13 Transfer of PF A/c 6. After 5 Years of membership 31 Advances for various Purpose 8. RPFC office At the time of Leaving the service 19, 10C & 10D Final settlement 7. RPFC office Before 30 th of April 3A & 6A Annual return & reconciliation statement 5. Remark / Submitted to Compliance Date Form No. Type of Compliance Sr. No. Equal remuneration act 1976: Equal remuneration act 1976 The principle of equal work to men and women worker has been gaining increasing acceptance all over the world. In many countries, law have been passed prohibiting discrimination between men and women in matters relating to payment of wages for similar work. The State Policy article 39 of the Constitution envisages that the State shall direct its policy, among other things, towards securing that there is equal pay for equal work for both men and women. The International Women’s Year, President of India promulgated the Equal Remuneration Ordinance, 1975 on 26th September, 1975 to provide for the payment of equal remuneration to men and women workers Duty of employer to pay equal remuneration (sec.2(h)): Duty of employer to pay equal remuneration (sec.2(h)) “Same work or work for similar nature” The act define “work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a women and the difference, if any between the skill, effort and responsibility required of man and those required of a women are not of practical importance in relation to the terms and condition of employment .” Prohibition of discrimination in recruitment or other condition of service (sec 5): Prohibition of discrimination in recruitment or other condition of service (sec 5) This Act, no employer shall while making recruitment for the same work or work of a similar nature, or in any condition of service subsequent to recruitment such as promotions, training or transfer, make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force: Provided that the provisions of this section shall not affect any priority or reservation. for Scheduled Castes or Scheduled Tribes, ex-servicemen, retrenched employees or any other class or category of persons in the matter of recruitment to the posts in an establishment or employment. Advisory committee (increasing employment opportunities for women): Advisory committee (increasing employment opportunities for women) Every Advisory Committee shall consist of not less than ten persons, to be nominated by the appropriate Government, of which one-half shall be women . The Advisory Committee shall regulate its own procedure . The appropriate Government may, after considering the advice tendered to it by the Advisory Committee and after giving to the persons concerned in the establishment or employment an opportunity to make representations, issue such directions in respect of employment or women workers, as the appropriate Government may think fit. Authorities for hearing and deciding claims and complaints: Authorities for hearing and deciding claims and complaints The appropriate Government may, by notification, appoint such officers, not below the rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of hearing and deciding Maintenance of registers (sec 8): Maintenance of registers (sec 8) Every employer is required to maintain prescribed registers and documents in relation to workers employed by him Thank you: Thank you

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