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Search results: Employees Provident Fund and Miscellaneous Act
Contractual employees entitled to PF benefits
The Supreme Court recently held that contractual employees who draw salaries directly or indirectly are entitled to provident fund benefits under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF act).
In M/s Pawan...
When should companies recoup pension fund losses?
Exempted employers have to make good on payment defaults by issuers only in the event of a shortfall in interest payout, argue Hitesh Jain and Paras Parekh
The Employees Provident Fund and Miscellaneous Provisions Act,...
Offsite workers eligible for provident fund contribution
In a recent judgment in the Officer-in-charge, Sub Regional Provident Fund Office and Anr v Godawari Garments Limited, the Supreme Court held that a company is liable to pay provident fund contributions for its...
Think big, act bold
Lawyers weigh in with their demands from the new government
Forecasting the monsoon is not a task for the fainthearted. Despite changing climate patterns, few foresee changes in the reach and reliability of the torrential...
Skipping out
A Supreme Court judgment on provident funds provides a poignant reminder to employers to ensure they are complying with the law. By Amit Wadhwa and Puneet Gupta
To provide a social safety net to retired...
Supreme Court clarifies definition of basic wages
The Supreme Court, in a recent judgment, clarified whether allowances paid to employees would fall within the definition of basic wages in the context of calculating contributions to employee’s provident funds (PF).
The case, in...
Reducing risks related to engaging contract labour
With the changing economic scenario, Indian employers are looking for options that provide flexibility in engaging personnel, to cut operational costs, facilitate downsizing during an economic downturn and for various other reasons. Deploying contract...
Non-employer may make payments to provident fund
In Ranbir Singh and Nafe Singh v M/s Ganga Ram Hospital, Delhi High Court recently held that “mere remittance” of provident fund payments by an entity does not create an employer-employee relationship between the...
New employer held liable for payment defaults
Dismissing an appeal in Mcleod Russel India Limited v Regional Provident Fund Commissioner, Jalpaiguri & Ors the Supreme Court recently clarified that “criminal liability remains steadfastly fastened to the actual perpetrator and cannot be...
India in 2013
Legal practitioners and in-house counsel share some of their predictions for the year ahead
Bhavna Thakur, director, capital markets origination equities, Citigroup Global Markets India: For the Indian economy and capital markets, 2012 has been...
Fund contributions must be based on minimum wage
The Employees Provident Fund Organisation of India (EPFO), which manages India’s largest social security fund for employees, has announced that employers are required to make provident fund (PF) contributions on minimum wages.
According to the...
Decision upholds government right to ‘first charge’
In Central Bank of India v State of Kerala and Ors on 27 February, the Supreme Court of India stated that the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, (DRT...
International workers to make social security contributions
The Indian Ministry of Labour and Employment has issued an important notification dated 1 October, through which international workers will be required to contribute 24% of their salaries into the social security schemes (including...
Regulatory developments
Provident funds
On 5 June, the Central Board of Trustees of the Employees’ Provident Fund Organisation (EPFO) approved the lowering of the threshold limit for the applicability of establishments covered under the Employees Provident Fund...
