lakshmi (-) 06 March 2008

Regarding EPF

HI All,

Does a "Stipendary Worker" comes under the purview of "worker"? As an employer, is it statutory to remit/ recover EPF from Stipendary workers,who are working for three years? Kindly state any reference case..

Thnx,

Lakshmi

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6 Replies

Prakash Yedhula (Lawyer) 06 March 2008

The definition of employee under the Act is as follows:

2 (f) “employee” means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of an establishment and who gets his wages directly or indirectly from the employer, and includes any person,-
(i) employed by or through a contractor in or in connection with the work of the establishment;
(ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961) or under the standing orders of the establishment;

So if the stipendiary workman is not appointed under the Apprentice Act or under the standing orders of the establishments act, then he is eligible for PF

Guest (n/a) 06 March 2008

Under the PF act, it is specifically mentioned that apprentices under apprentices Act are not covered. and since stipendary workers are only apprentices they are not covered by PF act irrespective of the period of their work in any organisation.

Guest (n/a) 06 March 2008

i want to know about the salary retgister

lakshmi (-) 08 March 2008

thankyou....

hrkalyan (n/a) 08 March 2008

Hi The Madras High Court in"TVS & Sons Ltd, Tiruchirappalli Vs Regional PF Commissioner, Trichy" held that whatever be the nomenclature, viz learner, apprentice, trainee etc, if they are engaged under Apprentices Act, 1961 or Model/Certified Standing Orders, they need not be covered under EPF. Thanks & Regards Kalyan R