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Provident fund

(Querist) 18 January 2011 This query is : Resolved 
As per Provident Fund act 1952, a company employing less than 20 employees has the discretion of being exempted from PF.Now as per provident fund scheme 1952, an international worker has to be covered under provident fund.So what if the company has a total strength of 10 employees i.e only international workers, so is the company covered under the act or the scheme.If the p.f scheme is applicable then this would be an overriding effect on the act, so experts please suggest an answer with reference to the act
Kirti Kar Tripathi (Expert) 19 January 2011
Though the Act does not make any distinction amongst the employees. If he is covered within the definition of Employees' under the Act, the act will apply. However, In the present case, EPF Act will apply only in the event, if it is a Factory otherwise not as strength of the employees working in it are less than the proscribed limit.
Ajay Bansal (Expert) 19 January 2011
Agreed with Kirti.
Ajay Bansal (Expert) 19 January 2011
Agreed with Kirti.
Adv.Shine Thomas (Expert) 20 January 2011
agree with the above view.


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