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JAGADEESH GOVIND (ADVOCATE)     04 October 2008

Employee Provident Fund

Sir,

I want to transfer one of my employee from my company to another firm in which I am also a partner. The employee is a PF member ,but the new firm is not covered under PF Act. My Comapny and Firm are seperate legal entity.

Is the transferred employee is eligible for PF in the new company.

JAGAN

 



Learning

 12 Replies

Sankaranarayanan (Advocate)     04 October 2008

u said ur second company have no pf enrolement , then it is impossible. if it is sister concern with the all partners concorence  all the members of other concern can to include the pf in the firstconcern.can u tell wat the necessity u all decide to change him frm ur one concern to another.


normaly if any one worked in one company and jount the other company without cut the service they can transfer the amount to another company by the form 13


 

SHEKHAR MISHRA (public servant)     04 October 2008

NO,because   the   second   firm   is   not    covered   by   PF  Act.

JAGADEESH GOVIND (ADVOCATE)     04 October 2008

Sir,


My firm is doing a new one and for this purpose I want to transfer a employee from my present company.So I opted to transfer him instead of giving fresh appointment. As the new firm is not registered under PD Act ,whether to continue the PF and How to remit the PF is an issue for me.


Jagan


 

JAGADEESH GOVIND (ADVOCATE)     04 October 2008

Sir,


My firm is doing a new one and for this purpose I want to transfer a employee from my present company.So I opted to transfer him instead of giving fresh appointment. As the new firm is not registered under PD Act ,whether to continue the PF and How to remit the PF is an issue for me.


Jagan


 

H. S. Thukral (Lawyer)     04 October 2008

The contract of personal services can not be trnsferred. The employee has option to be servant of a master of his choice. You can lend his services to new firm and continue paying from his present employment. How the employee would withdraw his PF account without showing termination of his employment?   

Sankaranarayanan (Advocate)     04 October 2008

sir ,


his question is he want to transfer the employee frm one firm to another for some internal purposes. from his question he is intent to pay the pf  and without trouble how could he transfer the employment form one  to another


even he can work for the second company, if the sisterconcern is ready  and willing to pay the pf amount then first company pay the pf money and debit the second company account every month.

Sankaranarayanan (Advocate)     04 October 2008

even he can work for the second company, if the sisterconcern is ready  and willing to pay the pf amount then first company pay the pf money and debit the second company account every month./ the end of the month simply reverse the debit frm the second  concern to first one

JAGADEESH GOVIND (ADVOCATE)     04 October 2008

Sir,


Thanking you for your kind advise.


I think there is two possible way to settle it.


Terminate the employee from present comapny and reappoint him in the firm. or as adviced by Mr.Sanker retain him on the present comapny and assign his work and emoluments to the 2nd comapnay.


Regards


Jagan

Pragadeesh (Lawyer/Factory certification consultant/Cyber crime Analyst)     07 October 2008

Friend,


Consider that u have deputed him for ur second unit.continue the contribution as now. show this as "on duty".but try to cover ur second unit asap.


cheers!.

Saravana Rajan   07 October 2008

As said by Pragadeesh, the employee can deputed to the new company but retain him on the existing co rolls (where is actually now working).


His PF contribution can be continued in this case.

Suveera Patil   29 June 2022

A new EPF account is opened with the new employer once a member changes jobs, according to the EPF rules. Employees must transfer the money held in their EPF accounts with their previous employers to their new employers.

Sudhir Kumar, Advocate (Advocate)     26 January 2023

The employee pnce covered shall continue to be covered.  Many persons commit this juggling of having mor tan one company.  EPFO has powers and precedence of judging them as single identity irespective of seperate reisteration.


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