Labour: India, Provident Fund: India

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= Employees' Provident Fund=
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==A critique==
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===As in 2020 ===
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[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2021%2F01%2F28&entity=Ar00202&sk=C5B28F80&mode=text  Rama Karmakar, January 28, 2021: ''The Times of India'']
  
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[[File: The EPF, As in 2020.jpg|The EPF, As in 2020 <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2021%2F01%2F28&entity=Ar00202&sk=C5B28F80&mode=text  Rama Karmakar, January 28, 2021: ''The Times of India'']|frame|500px]]
  
=Contract workers =
 
==Entitled to 6-month maternity leave: HC==
 
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F20&entity=Ar01711&sk=6C64D812&mode=text  ‘Contract workers can take 6-month maternity leave’ , March 20, 2018: ''The Times of India'']
 
  
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For a vast number of the salaried, the employee provident fund (EPF) is the only social security net they have. But the EPF rules are such that they tend to discriminate against the young and vulnerable — those who have not yet worked for five years without a break. It took a pandemic to expose how this hurts the private-sector salaried workers most when they have already been hit hard by job loss.
  
Contract workers serving the government are entitled to six-month maternity leave, on a par with regular employees, the high court has held.
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''' HOW EPF WITHDRAWALS ARE TAXED '''
  
The ruling by Justice Anu Sivaraman came after considering two petitions filed by women working on contractual basis under the state. They were allowed maternity leave only for 90 days whereas regular employees were entitled to leave of six months.
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Withdrawal of EPF accumulated balance is not taxable if:
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An employee participating in EPF has rendered continuous service for five or more years;
  
A petition filed by Rakhi P V of Nayarambalam and four others was considered as the lead case by the court. The state government had contended that granting sixmonth leave to a woman employed on a one-year contract would obliterate the benefit of the employment.
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Or, if before 5 years, the employee’s service has been discontinued on grounds of ill-health, or by contraction or discontinuance of employer’s business or other causes beyond the control of the employee.
  
=Domestic help=
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In other circumstances, the accumulated balance withdrawn within five years of continuous service is considered as taxable income.
==2016:Rajasthan sets minimum wages==
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Rajasthan-sets-minimum-wages-for-domestic-help-01022016001028 ''The Times of India''] Feb 01 2016
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[[File: domestic.jpg|The terms of employment set by Rajasthan in 2016 for domestic help |frame|500px]]
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TIMES NEWS NETWORK
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During the Covid-19 pandemic, many employees lost their jobs due to business uncertainties. The following illustration brings out the taxability of EPF withdrawal in different cases/ circumstances (all figures in Rs): As Rohan’s employment was terminated by his employer, the EPF balance withdrawn by him will be exempted from tax. As Rashi voluntarily resigned from employment after working for 2 years, her EPF balance withdrawn would be taxable. For withdrawals in excess of Rs 50,000, tax is usually deducted at source. Roshni, who did not withdraw the EPF amount, can map the accumulated balance to the new employer, in case she continues with EPF. Rahul rendered continuous service of more than five years, so his accumulated EPF would not be taxable. However, the interest that has accrued for the period of two years after cessation of employment would be taxable in his hands.
  
Enforcing labour reforms in the unorganised sector, the Rajasthan government has fixed minimum wages for domestic help and set limits to their working hours.
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''' EPF ADVANCE DURING PANDEMIC '''
  
According to a recent notification by the state's labour department, the rate for chores for an entire day (defined as eight hours) ­ including cooking, washing, baby sitting and other work ­ has been fixed at a minimum of Rs 5,642 per month. The new salaries come into effect from January 1, 2016.
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The government has allowed members of the EPF scheme to claim ‘nonrefundable advance’ from their EPF account to the extent of the basic wages and dearness allowance for three months, or up to 75% of the amount outstanding in the EPF account, whichever is less. This has been a very effective scheme and a timely intervention to address liquidity issues faced by employees during the pandemic. The FAQs released by provident fund authorities have clarified that such withdrawals will not be taxable. However, the corresponding amendment in the Income Tax Act to ensure that the non-refundable advance received is not taxable is still awaited.
  
In case of overtime, employers will have to pay workers double the minimum fixed per hour for each hour beyond the mandated eight hours.
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''' EXEMPTION DESIRABLE FOR SOCIAL SECURITY WITHDRAWALS '''
  
Domestic help hired for just washing dishes and laundry will have to be paid a mini mum Rs 705 per month for a household of four people. If the number of people exceeds four, the help would have to be paid 10% more than the minimum prescribed, per individual.
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As compared to developed countries, India does not have a strong social security net to protect workers in the event of unemployment. Globally, many countries provide unemployment insurance to employees upon satisfaction of specified conditions. For instance, in the US, those who are unemployed due to no fault of their own are eligible to claim unemployment insurance. In Canada, employment insurance provides benefits to individuals who have lost their jobs and are available for work but cannot find a job. No such social security support is available in India. And, taxation of EPF withdrawals would leave a lower amount in the hands of employees in times of need.
  
The Centre is also trying to prepare a national policy for domestic workers. On Au gust 17, 2015, TOI had reported that the Union labour ministry was seeking to ensure minimum salary of Rs 9,000 per month, compulsory paid leave of 15 days a year and maternity leave, apart from social security for domestic help. The minimum wage for domestic helps notified by the Rajasthan government is exclusive of food, clothes, accommodation or other perks that an employer may be providing.
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For taxing EPF withdrawals, the limit of five years may be retained. However, exemption from tax may be considered if withdrawals are made before five years to meet certain contingencies/life goals such as purchase of residential house, marriage, education of children, medical expenses/ emergency, pandemics such as Covid-19 etc.
  
Also, if an employer is paying more than the prescribed minimum wage, then he or she must continue paying the higher amount. Jaipur Servants Association spokesman Abdul Moin said, “This is a good step. Most people who work as domestic helps here are from other states like West Bengal, Chhattisgarh, and Jharkhand, and are unlettered. This will ensure they are paid their minimum amount. In fact, the government should raise the bar higher.“
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The government is in the process of implementing the new Labour Codes, likely to be effective from April 1, 2021. One of the important aspects of the code is to provide ‘social security for all’. In keeping with this spirit, there is a need to amend the tax laws also, to no longer subject EPF withdrawals to tax.
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The writer is Tax Partner at EY India. Ankur Agrawal, senior tax professional with EY, also contributed to this article (Views expressed are personal)
  
Dhanraj Sharma, addi tional labour commissioner, said, “Domestic workers were included in Scheduled 27 of the Minimum Wages Act eight years ago. But, we have now fixed the number of working hours for them to ensure they are paid well.“
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[[Category:Economy-Industry-Resources|P PROVIDENT FUND: INDIA
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PROVIDENT FUND: INDIA]]
  
The department, to ensure implementation, will even press labour inspectors to carry out surprise checks in every district.
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== 2016/ SC: employees can raise contributions without cut-off date for eligibility ==
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[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIM%2F2017%2F11%2F22&entity=Ar00324&sk=3FEF1339&mode=text  Prabhakar Sinha, SC ruling enables massive rise in pvt sector pensions, November 22, 2017:  ''The Times of India'']
  
“Violators will be liable for prosecution, and domestic worker eligible for compensation as high as 10 times the difference between the minimum wage and the amount he or she was received,“ he added.
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[[File: The EPF scheme, the amendment of 1996 and the SC-mandated scheme.jpg|The EPF scheme, the amendment of 1996 and the SC-mandated scheme <br/> From: [http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIM%2F2017%2F11%2F22&entity=Ar00324&sk=3FEF1339&mode=text  Prabhakar Sinha, SC ruling enables massive rise in pvt sector pensions, November 22, 2017:  ''The Times of India'']|frame|500px]]
  
In the last couple of years, Rajasthan has emerged as a bellwether state as far as labour reforms are concerned
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'''See graphic:'''
  
=Informal labour=
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''The EPF scheme, the amendment of 1996 and the SC-mandated scheme''
==Data is scarce==
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Empire-Of-Numbers-15072017022031 Dipankar Gupta|Empire Of Numbers|Jul 15 2017: The Times of India (Delhi)]
 
  
We have no interest in informal labour, as data on it is scarce
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A Supreme Court order of October 2016 that directed the Employees’ Provident Fund Organisation (EPFO) to revise the pension of 12 petitioners under the employee pension scheme (EPS).
What comes first, the question or the answer?
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If you believe in numbers, as many social statisticians do, the answer comes before the question. Hence, the chances are that only those issues will be raised which can be resolved through government, or quasi-government, statistics.Anything outside of this is over-spiced and bad for contemplation.
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It is this attitude that has kept our understanding of informal labour on a low calorie diet, though it gobbles up 93% of our economy. As information on this is sparse, even if the issue is so big, it is convenient to look the other way.This explains the administrative reluctance to bulk up on policies related to this subject. The system works best when answers predate and frame the questions, leaving little to chance. The stage is now set for the policy maker, as diviner, to deliver with a flourish.
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This method actually resembles the way religious discourses are conducted. The Church opposed Galileo and Copernicus because they asked questions for which the sacred texts had no answers. As Joshua had bid, in the Old Testament, the sun to stand still and not the earth, therefore, Martin Luther concluded, Copernicus must be wrong. The Catholic establishment even accused Galileo of planting little figures in his telescope and passing them off as planets. Therefore, if the answer is not in the Bible ­ or Quran or Gita ­ ask not that question, admonish religious gurus.
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The pension scheme, which is part of EPF, has over 5 crore members. Every employee in the organised sector contributes 12% of basic salary and dearness allowance to EPF. The employer makes a matching contribution. Of the employer’s contribution, 8.33% goes to the EPS. When people withdraw their EPF after a job switch or during unemployment, the EPS is not given out. It’s payable only after superannuation.
  
Likewise, as there is very little that is reliable about informal labour, either in the Census, or in surveys (the equivalent of the Bible Quran Gita), it does not count. Information, such as is available, is scattered and sniggered at as `anecdotal'. Consequently, a big chunk of our society is deprived of attention. Numbers don't come easy in the informal sector, especially when commandeered from above and afar.However, our ignorance of these very vital issues does not disturb us too much.
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There is also a ceiling on EPS contributions. The current cap on salary (basic + DA) is Rs 15,000 per month so, the maximum one can contribute to the EPS is 8.33% of Rs 15,000, which is Rs 1,250 a month.
  
For example, we rarely give any thought to strategising cottage industries, international competition, even worker-management relations, for they all include informal labour. When industrial strife is being discussed, figures tell us of a dramatic drop in strikes over the past three decades. This should mean that shop floors everywhere are buzzing with happy activity .Could it be that the sinister foreman, after a routine body check, swapped his old heart for new? Nor do we know how many unregistered units shut and open shop; or of workers who are routinely fired; or of wages unfairly held back.
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Between July 2001 and September 2014, the EPS salary cap was Rs 6,500 a month, which translated to a maximum contribution of Rs 541.4 a month.
  
As a result, we do not have a measure of what India needs to do to become a global power. If there are so many microenterprises, why are we still poor? Also, why don't graduates from vocational institutes find skilled jobs in the marketplace? When we laud our export earnings, the informal sector is rarely acknowledged, nor the millions who bent their backs night and day. We have not even spared a thought for the health of these units; what if they collapse? The ruling view is that if it ain't broke, and no emergency declared, why break the glass? Instead, we imagine ourselves lounging with the big boys, after elbowing the rat pack out.
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''SC ruling to benefit 5 crore EPFO members''
  
The consumer price index falters at the sight of informal labour. Nevertheless, we continue to extrapolate from those figures, even if it hurts. As long as the tag says the size is right, who cares if the shoe pinches?
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Prior to 2001, the ceiling was Rs 5,000 which yielded a maximum contribution of Rs 416.5. So how did 62-year-old Kohli get a pension of over Rs 30,000 a month with such a meagre contribution to the pension fund?
Was demonetisation a success?
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By all accounts it was an electoral bonanza, yet so many questions remain unasked and unanswered. If livelihoods impact voting behaviour then we should know whether demonetisation affected workers differently. This is particularly so in the case of informal labour simply because of the many varieties they come in.
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It is said that many lost their jobs, but who were they? Were those who were employed by the week, or month, worse off as high currency notes would be needed to pay them and these were now demonetised? Did daily wagers fare better, for they could be paid in small change? Or, perhaps it did not matter; they sank or swam randomly.
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It took a long struggle in which he cited an important amendment to the EPS. In March 1996, the EPS Act was amended to allow members to raise pension contribution to 8.33% of full salary (basic + DA) irrespective of what the salary is. This raised the pension multiple times.
  
We can only guess the outcome, but where are the facts? Political analysts could have helped. But instead of asking tough questions on informal labour and voting behaviour, they are obsessed with caste. As many of them suffer from economist envy , they look out for issues where numbers tumble out.
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However, for a decade hardly anybody opted for higher contribution. In 2005, following media reports, including in TOI, several private EPF fund trustees and employees approached EPFO with the demand to remove ceiling on their EPS contribution and raise it to their total salary. The EPFO rejected the demand claiming that response should have come within six months of the 1996 amendment.
  
Nor should one argue that precision does not count. It is a good idea when disciplinary questions and real world issues prompt the search for exactitude.When this route less travelled is taken, statistical exercises become legitimate. On the other hand, when it is independently pursued for its own sake, social science becomes a closed box; nothing new is found, nothing new is said. Have wages for informal workers kept pace with inflation? “But we don't have numbers on that,“ says the policy maker. How often have you heard that being said?
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Cases were filed against EPFO in various high courts. By 2016 all except one high court ruled against EPFO stating that the six-month deadline was arbitrary and the employees must be allowed to raise their pension contribution whenever they wish to. The case went to Supreme Court which, in two separate rulings in 2016, ruled in favour of the employees’ right to raise their contributions to their pension fund without imposing any cut-off date for eligibility.
This is what makes it an egg and chicken issue. As informal labour lacks ready numbers, you can eat it before it is born and after it is dead. Either ways, it does not stand a chance.
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=Online labour=
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It took another year for the EPFO to implement the court order following a strong fight put up by petitioners like Kohli. Finally, from November 2017, Kohli started getting higher pension.
==India was the largest supplier/ 2016==
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=India-largest-provider-of-online-labour-20072017021079 India largest provider of online labour|Jul 20 2017 : The Times of India (Delhi)]
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Accounts For 24% Of Jobs, Tops In Software & Tech
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To raise his monthly pension from Rs 2,372 to Rs 30,592, Kohli had to pay Rs 15.37 lakh as the difference between EPS contribution he had made while in service and the contribution he would have made if he was allowed to raise it to his full salary. But he also got Rs 13.23 lakh as arrears for the higher pension that he was entitled to for four years spent in retirement before November 2017. So, by paying Rs 2.14 lakh
India is the largest supplier of online labour, says a recent report, analysing data from e-platforms connecting freelancers with employers. India is followed by Bangladesh, US, Pakistan, Philippines and the UK in what is being termed “digital gig work“ or freelance work offered online. Over half of the online work supplied out of India is dominated by software development and technology sector.
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Oxford Internet Institute of the University of Oxford published the report last week. It hosts the “iLabour project“ as part of which the Online Labour Index is produced. This report analysed data for the first week of July.
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“The largest overall supplier of online labour according to the data is the traditional outsourcing destination India, which is home to 24% of the workers observed. India is followed by Bangladesh (16%) and US (12%). Different countries' workers focus on different occupations. The software development and technology category is dominated by workers from the Indian subcontinent, who command a 55% market share. The professional services category , which consists of services such as accounting, legal services, and business consulting, is led by UK-based workers with a 22% market share.“
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additionally, Kohli was able to raise his lifelong pension by nearly 13 times. In case he passes away before his wife, she will get 50% of Kohli’s last drawn pension till she is alive.
[[File:labour.png|Share of India, Bangladesh, Pakistan and other countries in online labour supplied in 2016|frame|500px]]
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While software and technology services was the top sector for India, creative and multimedia services came second, and sales and marketing support was the third most popular online labour sector for the country .
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The report analyses data from four online platforms -Fiverr, Freelancer, Guru, and PeoplePerHour. “Based on traffic statistics, we can estimate that these four sites represent at least 40% of the global market for platform-based online work,“ says senior OII research fellow Vili Lehdonvirta.
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Are all 5 crore members of EPFO now eligible for higher pension if they opt to raise their EPS contribution? Yes, all those who joined EPFO before September 1, 2014 — the date on which the EPS imposed the Rs 15,000 salary cap — can contribute on their full salary to EPS. They can submit applications to their company and the EPFO and get up to half of their last average monthly salary as pension. Those who joined EPFO after September 1, 2014 and have a salary above Rs 15,000 are not eligible for pension while those starting with salaries lower than Rs 15,000 can contribute to EPS but the cap of Rs 15,000 will kick in when their salary rises.
  
=Labour laws reform=
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EPFO is also discriminating against employees who are members of privately-managed EPF trusts (nearly 80 lakh), officially called Exempt Establishments and those who directly contribute to the government-run trust (4.25 crore) called Un-exempt Trusts.
==2016: Rs 6,000cr textile package==
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Govt-brings-in-labour-reforms-via-Rs-6000cr-23062016001052 ''The Times of India''], Jun 23 2016
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'''Govt brings in labour reforms via Rs 6,000cr textile package'''
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Central provident fund commissioner V P Joy said, “EPS will not be able to give pension to those members whose contributions on higher salary have not been received by EPFO.” The EPFO is denying employees of exempt companies higher pension on the grounds that only 8.33% of up to Rs 15,000 and not their entire PF contribution goes to EPS.

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The Union Cabinet introduced labour law changes while approving a Rs 6,000-crore package for the textile and apparel sectors.
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However, two of the 12 petitioners who went to court were from the exempt category. So, a precedent has been set. It’s likely that members of private trusts or the trusts themselves will go to the court to settle the issue. The EPFO’s board of trustees is also likely to discuss the move to bar exempt EPF trusts.
A key element is increase in overtime for workers which should not exceed 8 hours per week, translating into nearly 90 hours over three months. The current norm allows only 50 hours of overtime in three months. “It'll be advantageous for the industry as well as labour,“ said A Sakthivel, who represents industry lobby groups. The new cap on overtime, which meets ILO norms, would help increase earnings of workers, the Centre said. The cabinet on Wednesday approved the introduction of fixed-term em ployment, which was an industry demand to deal with the seasonal nature of demand. A fixed term workman will be considered on a par with a permanent workman in terms of working hours, wages, allowances and other statutory dues.While the move is unlikely to result in higher burden on companies, it provides flexibility in hiring to deal with seasonal rush, especially for exporters.
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The government also announced a change in income tax laws to allow for deduction in case more permanent workers are hired by textile and garment units. Instead of the current provision of the benefit accruing if workers are hired for 240 days, the government has now lowered the floor to 150 days. Industry players said this would provide greater flexibility. In what could also become the template for other industries, the government has made it optional for textile industry workers earning less than Rs 15,000 a month to contribute to the Employees' Provident Fund. “The announcement will bring relief for the garment sector where a large number of employees work shortterm and prefer to take full wages without deduction,“ said M Senthil Kumar, chairman of the South India Mills Association.
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''Those who joined EPFO before September 1, 2014 can contribute on their full salary to EPS''
  
The move is also significant since the finance ministry has been trying to wean away employees from EPF to the National Pension Scheme. The government said it would bear the entire 12% of the employer's contribution of the EPF scheme for new garment industry employees who are earning less than Rs 15,000 per month, for their first three years of employment.
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==Amnesty scheme, 2017==
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=India-Inc-can-enrol-employees-under-EPF-amnesty-03012017020057  Lubna Kably, India Inc can enrol employees under EPF amnesty scheme, Jan 3, 2017: The Times of India]
  
At present, 8.33% of the employer's contribution is being provided by the government under the Pradhan Mantri Rozgar Protsahan Yojana (PMRPY). The textiles ministry will provide the additional 3.67% of the employer's contri bution, amounting to Rs. 1,170 crores over the next three years. If successful, the labour related changes could become the template for other sectors.Although the government is keen on ushering in reforms in this crucial segment of the economy , it is going slow given the pressure from trade unions, including BMS, which is affiliated to BJP .
 
  
The government said a majority of new jobs are likely to go to women as they acount for nearly 70% of the garment industry's workforce. The textile ministry said with policy support, Indian exports could again regain their leadership position. In recent years, apparel exports from Bangladesh and Vietnam have overtaken India's exports. The slowdown in China presents an opportu nity to India to ramp up its shipments in the world market.
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'''Cos Have To Pay Only Rs 1 Damages For Each Year Of Default'''
  
India Inc cheered the labour law changes in the sector and said it would help the industry to scale up.
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Companies which have not enrolled their employees as members under the Employee Provident Fund (EPF) scheme will now get a chance to do so, against payment of a minimal damage fee of Re 1per year of default.
  
“Flexible labour reforms are critical for the sector as the industry is highly labour intensive and India needs to increase productivity to put up with the growing competition,“ said B K Goenka, chairman, Welspun group and co-chairman of CII national committee on textiles.
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Additionally , if the employee wasn't enrolled earlier and hisher share of contribution was not deducted from salary , the employer company had to pay this sum also in addition to the past defaults of its own contribution. Now under the amnesty scheme, only the employer's contribution has to be deposited.
  
Additional incentives under the amended technology upgradation fund scheme were also approved. “The package breaks new ground in moving from input to outcome based incentives by increasing subsidy under the Amended-TUFS from 15% to 25% for the garment sector as a boost to em ployment generation,“ said a government statement. It said a unique feature of the scheme will be to disburse the subsidy after expected jobs are created.
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The objective of the amnesty is to ensure enrolment of employees and spread the benefit of the EPF scheme.Companies having 20 or more employees are required to mandatorily enrol those employees under the EPF scheme who have a salary of up to Rs 15,000 per month.The EPF scheme is optional for those drawing a higher salary . However, once an employee opts for the scheme, he or she cannot opt out.
  
The cabinet also approved enhanced duty drawback coverage. A new scheme will be introduced to refund the state levies which were not refunded so far. The move is expected to cost the exchequer Rs 5500 crore but will boost competitiveness of Indian exports.
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Both the employer and employee are required to contribute 12% per month towards EPF against the employee's basic salary plus dearness allowance. However, under the amnesty , interest at the rate of 12% on the amount due for delayed deposit of the contribution will be payable for the period of delay .This amnesty scheme, which comes into force from January 1, is open until March-end.“The main purpose of the amnesty is to expand coverage of the EPF scheme,“ said a government official.
  
=Labour unrest/ strikes=
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Arrears in payment of EPF dues is rampant. More than a lakh employers had not deposited PF contributions and the arrears outstanding as of March 31, 2015 was nearly Rs 3,000 crore. “More damaging is that there is an equally large number of companies (especially micro, small & medium enterprises, or MSMs), say in the garment or auto ancillary sector, who do not enrol their employees at all,“ adds the government official.
==2013-15==
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[[File: Strikes by organised labour, 2013-15- causes and the six worst affected states.jpg|Strikes by organised labour, 2013-15: causes and the six worst affected states; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=STATOISTICS-ARE-STRIKES-MAKING-A-COMEBACK-IN-INDIA-22122016008027 The Times of India], Dec 22, 2016|frame|500px]]
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Sonu Iyer, partner and leader people advisory services at EY India, explains, “Companies that had not enrolled employees under the EPF scheme for the period beginning April 1, 2009 to December 31, 2016 can take advantage of the amnesty scheme by making a declaration to the regional employee provident fund office.“
  
'''See graphic''':
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“The employer will be required to deposit the required sum, which denotes its share of contribution, employee's share of contribution only if deducted from employee's salary but not deposited, interest and a nominal damage charge within 15 days of making the declaration.The biggest largesse under the amnesty is that the company doesn't have to make good the share of the employee's contribution,“ adds Iyer.
  
''Strikes by organised labour, 2013-15- causes and the six worst affected states''
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After depositing the sums, adetailed return has to be filed with the Regional Provident Fund Commissioner. Employers are eligible to participate in the amnesty only if proceedings under section 7A (inquiries) have not already commenced against them.
  
==HC bars Metro strike: ‘Metro A Public Utility, Stir Not Justified/ Legal’==
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However, it is not clear whether the amnesty scheme will cover cases where employees had been enrolled in the EPF scheme but where there was a shortfall in depositing contributions.
[https://timesofindia.indiatimes.com/city/delhi/hc-to-rescue-of-25l-metro-users-bars-staff-from-going-on-strike/articleshow/64799746.cms  Aamir Khan and Sidharatha Roy, June 30, 2018: ''The Times of India'']
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== EPFO to settle death claims within 7 days==
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=EPFO-to-settle-death-claims-within-7-days-02112016009059  EPFO to settle death claims within 7 days, Nov 02 2016 : The Times of India]
  
To the relief of commuters, Delhi high court barred employees of Delhi Metro Rail Corporation (DMRC) from going on a strike. The court said that the metro train was a public utility and a strike did not appear “justified or legal”.
 
  
“They (25 lakh metro users) would be greatly inconvenienced if the respondents (employees) go on strike, as also the fact that, prima facie, the action of the respondents does not appear to be justified or legal,” observed Justice Vipin Sanghi, reasoning that sufficient notice had not been given to DMRC by the employees. Conciliation proceedings were also going on, he noted.  
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Employees' Provident Fund Organisation (EPFO) issued guidelines in Nov 2019 to its field offices to settle death claims in seven days and retirement cases before a worker superannuates from the job, a move which comes days after PM Narendra Modi slammed the labour ministry for the provident fund manager's poor service.
  
DMRC had approached the court on restraining the employees in relation to their notice of June 18 and June 20 on their intent to go on strike. DMRC made the court aware of the settlement arrived at between the rail operator and the striking employees on July 23 last year. The court observed that the issue was over the implementation of the terms of the settlement after the employees claimed that the 2017 terms had not been fully met.  
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The central provident fund commissioner informed labour minister Bandaru Dattatreya that on the PM's directions, EPFO had issued guidelines to field offices to take “proactive action to settle death claims within seven days and reti rement cases on or before the day of retirement,“ the ministry said.
  
“We will follow the high court’s order and not go on strike,” said Mahavir Prasad, general secretary, DMRC Employees’ Union. “However, our sit-in protests will continue and we will wear black armbands to work.
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==EPFO coverage for Indians working abroad, 2017==
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[https://timesofindia.indiatimes.com/india/no-technical-education-via-correspondence-courses-rules-supreme-court/articleshow/61479624.cms  Amit Anand Choudhary, SC cancels engineering degrees given by deemed universities through correspondence course, Nov 3, 2017: The Times of India]
  
Since June 20, DMRC’s non-executive employees have been taking part in sit-in protests at different metro stations and threatening to go on a full strike if their demands were not met. They are seeking a revision in salaries and pay grades and payment of arrears, the right to form a union and formulation of fixed guidelines for sacking an employee.
 
  
These employees play a critical role in running the train network, and include train drivers, station controllers, technicians, and operations and maintenance staff. Last year, they had similarly agitated, but a crisis was averted following an agreement. The employees are now claiming that the DMRC management has not kept the promises it made last year.
+
'''HIGHLIGHTS'''
  
“People are stuck in the same pay grade for 10 years, when earlier a promotion was given every five years, subject to satisfactory service record,” claimed Prasad. The merging of the Rs 13,500-25,520 grade with the Rs 14,000-26,950 grade too hadn’t been implemented. The employees are now demanding a higher pay grade for non-executive employees in the Rs 20,600-46,500 scale.
+
The apex court restrained educational institutions from providing courses in subjects like engineering, in the distance education mode
  
A DMRC official refuted these and said pay grades were raised and all arrears had been paid. “DMRC is a good pay master but the non-executive employees are demanding a bigger hike after already been provided one last year,” he said.
+
With its ruling, the SC affirmed the findings of the Punjab and Haryana high court on the issue
  
Early in the day, Delhi transport minister Kailash Gahlot had offered to intervene in the matter. “Delhi Govt is equally committed to ensuring smooth functioning of DMRC and if needed ESMA would have been invoked,” he tweeted. Chief minister Arvind Kejriwal too referred to the issue in his tweet, in which he said, “Whereas all genuine demands of Metro employees shud be met, strike wud cause inconvenience to lakhs of people. Strike shud not take place. Whereas govt imposing ESMA as last resort, I wud urge employees to not resort to strike (sic).”
+
Also with its ruling, the SC set aside a verdict by the Odisha high court, which allowed technical education by correspondence
  
=Literacy/ educational levels of workers, non-workers=
 
==2011==
 
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Over-130m-of-workforce-below-matric-level-in-07112015019016 ''The Times of India''], Nov 07 2015
 
  
'''Over 130m of workforce below matric level in India'''
+
Indians working abroad can now exempt themselves from their host country's social security scheme and get covered by retirement fund body EPFO, Central Provident Fund Commissioner (CPFC) V P Joy said.

+
In freshly-released census data on literacy status and educational levels of various types of workers and non-workers in the country , Census 2011 has found nearly 130.2 million of the total 362.6 million main workers to be literate but below matricsecondary level.
+
The census data released on Friday -which gives the distribution of main workers by educational level and age groups -further shows that 104.3 million (28.8%) main workers are illiterates and 71.5 million (19.7%) matriculatesecondary but below graduate level.
+
  
Of about 55.5 million marginal workers seekingavailable for work in India, the majority of 21.9 million (39.4%) are illiterates followed by 20.9 million (37.6%) literates but below matricsecondary and 8 million (14.5%) matricsecondary but below graduate.
+
An online facility to avail the benefit has been made functional, he said at a national seminar on 'Fraud Risk Management-The New Initiatives' here.
 +
The scheme allows Indian employees the option of not being part of their host country's social security scheme and saves employers from double social security contributions.
  
However, among 60.7 million non-workers seeking available for work in India, the major share is constituted by literates but below matricsecondary (33.6%) followed by matricsecondary but below graduate (31.1%) and illiterate (17.2%).
+
The Employees' Provident Fund Organisation, which manages the money in employees provident fund accounts, has entered into an agreement with 18 countries.
 +
"We have made the whole process employee friendly. Employees going abroad to work can get a certificate of coverage (CoC). They can apply for the CoC online and can get it too," he told.
  
The decade 2001-11 exhibited 59.2 million increase in literate main workers out of which maximum increase of 20.5 million was reported under the category matricsecondary but below graduate followed by 16.2 million as below matricsecondary and 11 million as graduate and above other than technical degree.
+
Joy said there is a simple one-page application form available on the EPFO's website for the purpose.
  
As per overall data, only 4.5% of the country's population is educated up to the level of graduate or above while a majority 32.6% population is not even educated till the primary school level.
+
"The scheme is of great help for Indian workers going overseas for a limited period of time. The biggest benefit they get from opting for the CoC is that their money is not blocked for a long time in the host country," he said, explaining the benefits of the scheme.
  
Those educated till primary level are 25.2%, middle school 15.7%, matric 11.1%, higher secondary 8.6% and graduate and above 4.5%.
+
India has operational social security agreements with Belgium, Germany, Switzerland, France, Denmark, Republic of Korea, Grand Duchy of Luxembourg, Netherlands, Hungary, Finland, Sweden, Czech Republic, Norway, Austria, Canada, Australia, Japan and Portugal.
  
During the decade 200111, improvement was observed at middle and above educational levels even as there was decline in percentage share at lower levels (below-primary and primary).
+
EPFO is one of the largest social security providers in the world, covering 9.26 lakh establishments with more than 4.5 crore members. It provides pension to 60.32 lakh pensioners every month.
  
=Productivity=
+
==Interest rates==
==2018/ Salaried vs. casual; men vs. women==
+
===Dec 2016: cut to 8.65%===
[https://epaper.timesgroup.com/olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F06%2F09&entity=Ar01106&sk=7041A010&mode=text  Surojit Gupta, June 9, 2019: ''The Times of India'']
+
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=EPFO-cuts-interest-rate-to-865-20122016013009 ''The Times of India''], Dec 20 2016
  
[[File: The Productivity of workers, 2018.jpg|The Productivity of workers/ 2018 <br/> From: [https://epaper.timesgroup.com/olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F06%2F09&entity=Ar01106&sk=7041A010&mode=text  Surojit Gupta, June 9, 2019: ''The Times of India'']|frame|500px]]
+
'''EPFO cuts interest rate to 8.65%'''
 +
[[File: Employees Provident Fund, interest rates, 2010-16.jpg|Employees Provident Fund, interest rates, 2010-16; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=EPFO-cuts-interest-rate-to-865-20122016013009 ''The Times of India''], Dec 20 2016|frame|500px]]
  
‘Salaried work longer than casual staff’
 
  
Men Work Slightly More Than Women In A Week: Study
+
The Employees Provident Fund Organisation (EPFO) recommended a minor reduction in interest rate to 8.65% for the financial year 2016-17 compared to 8.8% in 2015-16 but it still remains the best investment bet given that there is no cap on how much you set aside and the entire corpus remains tax free.
  
New Delhi:
+
The reduction in interest rate to a four-year low is in line with the falling regime although bank fixed deposit rates have seen a sharper decline due to demonetisation of Rs 500 and Rs 1,000 notes. State Bank of India, for instance, has lowered fixed deposit rates by 15 basis points (100 basis points equal one percentage point), while on deposits of over Rs 1 crore (known as bulk deposits) rates have been slashed by up to 190 basis points. In any case, with the RBI singalling a shift towards a low rate regime, the government was forced to pare returns on small savings schemes.
  
Salaried male workers work more hours in a week than casual labourers in rural and urban areas of the country, a report released by the National Statistics Office (NSO) has showed.
+
Trade unions were demanding that EPFO central board headed by labour minister Bandaru Dattatreya retain the rates at least year's level, something that did not appear feasible given the retirement agency's projections. At 8.8%, EPFO would have faced a deficit of Rs 384 crore, while at 8.65% it will have a surplus of Rs 296 crore.
  
The periodic labour force survey (PLFS) unveiled earlier this month showed salaried male workers worked an average 58.1 hours in rural areas and 60.3 hours in urban areas during the January-March quarter of 2018. The National Sample Survey organisation had carried out the survey for four quarters since July-September 2017.
+
“The decision was arrived at after detailed consultations with all stakeholders. With consensus we have taken this decision,“ Dattatreya said in Bengaluru after the meeting.Interest income from PF investments for 2016-17 has been estimated mainly on the basis of interest income received or receivable in this financial year, including surplus of Rs 410 crore from previous year, an official said.
  
In all the quarters, evidence emerged that salaried workers both male and female worked more hours in a week than casual labourers. In the April-June quarter of 2018, the survey showed female salaried workers put in 49.5 hours in rural while in urban areas it was 52.7 hours.
+
“In 2015, the interest rate decided was at 8.8%. At that time, along with the income of EPFO, the surplus from the previous year was Rs 1,600 crore. This year, along with the income, the surplus available is Rs 410 crore,“ Central Provident Fund Commissioner V P Joy said.
  
In contrast male casual labourers worked 44.2 hours and women 37.7 hours during the April-June quarter of 2018 while in urban areas it was 45.1 hours for male casual labourers and 40.2 hours for females in the category.
+
The recommendation of the EPFO board needs to be ratified by the finance ministry , which notifies the rates. Last year, the finance ministry had suggested a reduction but was forced to go with the board's decision after public uproar.
  
Among all the categories of workers, casual labour generally worked the least number of hours in a week and average hours actually worked ranged from 44 to 46 hours by rural male casual labour, 37 to 39 hours by rural female casual labour, 45 to 49 hours by urban male casual labour and 39 to 42 hours by urban female casual labour.
+
===Erstwhile employees must pay tax on interest===
 +
[https://timesofindia.indiatimes.com/business/india-business/quit-or-axed-as-employee-pay-tax-on-epf-interest/articleshow/61666067.cms  November 16, 2017:  ''The Times of India'']
  
“It is possible that casual labourers are not engaged in continuous work. Therefore they may be working for less number of hours compared to those who have a regular job. Female workers take up part time jobs as they have to support their families,” said Soumya Kanti Ghosh, group chief economic adviser at State Bank of India while explaining the numbers.
 
  
Male salaried workers also put in more hours in a week at work than female workers in urban and rural areas. In the April-June quarter of 2018, male salaried workers worked an average 57.8 hours in rural area and 60.1 hours in urban centres. Women employees in the same category worked 49.5 hours in a week in rural areas, while in urban areas it was 52.7 hours.
+
'''HIGHLIGHTS'''
  
In the self-employed category, male workers worked 50.5 hours in a week in the rural areas while women worked 37.4 hours. In urban areas, self-employed males worked 58.5 hours in a week while females worked for 41.5 hours.
+
According to a notification issued, when an employee resigns from his job, his EPF account continues to be "operative" and earns an interest until he applies for withdrawal.
  
[[Category:Bangladesh|L LABOUR: INDIALABOUR: INDIALABOUR: INDIALABOUR: INDIA
+
On the other hand, if an employee retires after 55 years of age, then post three years from the date of retirement, his EPF account is treated as "inoperative" and does not earn any interest.
LABOUR: INDIA]]
+
[[Category:Economy-Industry-Resources|L LABOUR: INDIALABOUR: INDIALABOUR: INDIALABOUR: INDIA
+
LABOUR: INDIA]]
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[[Category:India|L LABOUR: INDIALABOUR: INDIALABOUR: INDIALABOUR: INDIA
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LABOUR: INDIA]]
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[[Category:Pages with broken file links|LABOUR: INDIA]]
+
[[Category:Pakistan|L LABOUR: INDIALABOUR: INDIALABOUR: INDIALABOUR: INDIA
+
LABOUR: INDIA]]
+
  
=Wages=
+
Tax laws provide that interest credited to an employee provident fund (EPF) account after an individual ceases to be in employment+ is taxable in his hands in the year of credit.
==2015: monthly wage adequate for unskilled worker with family==
+
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Trade-unions-eyed-Rs-15kmth-min-wage-as-04092015013025 ''The Times of India''], Sep 04 2015
+
  
[[File: Labour, India.jpg|2015: The Labour Ministry estimated that at 2015t norms, prices and calorific needs, Rs 6330 per month is an adequate '''monthly wage ''' for an unskilled worker with a wife and two small children. <br/> The break up justifying this figure Intercontinental Almaty as above; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Trade-unions-eyed-Rs-15kmth-min-wage-as-04092015013025 ''The Times of India''], Sep 04 2015|frame|500px]]
+
In its order, the Bengaluru bench of the Income-Tax Appellate Tribunal (ITAT) also upheld this I-T provision while adjudicating the matter of a retired employee+ .
+
Post-employment, whether on account of termination, resignation or retirement, several employees continue to maintain their EPF accounts and earn interest on the same. Unfortunately, they are usually not aware of the tax implications on the interest accretion in the fund after termination of employment," says Amarpal Chadha, partner and India mobility leader at EY India. Investment consultants point out that even in the case heard by ITAT, the taxpayer had mistakenly thought that the interest which had accrued to his EPF account post his retirement was not taxable.
A labour ministry document argued that by current norms, prices and calorific needs, Rs 6330 per month is the monthly wage adequate for an unskilled worker with a wife and two small children.
+
  
The Times of India adds: How did the government calculate their proposal? A look at the fine print shows a slew of gross under-estimations and the use of an archaic formula first spelled out way back in 1957. Some of the food items' prices are far from reality . For instance dal is costed at Rs 65 but only one of the various dals in the market -chana or gram dal ­ comes in this range. Arhar (tur) is Rs 135 per kg, urad is Rs 117.5, masur is Rs 95. All these current retail prices are from the consumer affairs ministry's price monitoring data spanning 81 cities and towns.
+
This ITAT ruling is pertinent not only for retired employees, but also those who have quit employment for various reasons, say, to be an entrepreneur or a homemaker, and have continued to retain a balance in their EPF accounts.
 +
 
 +
According to a notification issued last November, when an employee resigns from his job or his services are terminated, his EPF account continues to be "operative" and earns an interest until he applies for withdrawal of the accumulated balance or takes up another job and transfers the balance. On the other hand, interest accrual norms are different for a retired employee. If an employee retires after 55 years of age and does not apply for withdrawal from his EPF account or transfer of the balance, then post three years from the date of retirement, his EPF account is treated as "inoperative" and does not earn any interest.
 +
 
 +
The applicable rate of interest is announced each year. For the recently concluded financial year 2016-17, the interest rate was 8.65% and rates for the current financial year are expected to be announced shortly. In the recent case, the man had retired from a prominent Bengaluru-headquartered software company after 26 years of service, on April 1, 2002, and the total amount in his EPF account then was Rs 37.93 lakh.
 +
Nine years later, on April 11, 2011, he withdrew the grown sum of Rs 82 lakh from his EPF account. This amount included interest of Rs 44.07 lakh that had accrued post his retirement till the date of withdrawal.
 +
 
 +
The retired employee did not offer this interest amount to tax, as he viewed it would be exempt under Section 10 (12) of the I-T Act. During assessment proceedings for financial year 2011-12, the I-T officer sought to levy tax on this amount and the litigation finally reached ITAT's doors.
 +
 
 +
Based on a reading of Section 10(12) and also the definition of "accumulated balance", the ITAT held: "The exemption is limited to the accumulated balance due and payable to an employee up to the date of his retirement or end of his employment."
 +
 
 +
ITAT pointed out that the term "accumulated balance due to an employee" is defined as the balance standing to his credit, or such portion of it as may be claimed by the concerned employee under the regulations of the fund "on the day he ceases to be an employee".
 +
 
 +
Thus, the ITAT agreed that the interest earned postretirement was taxable in the hands of the retired employee. However, it added that the aggregate interest of Rs 44.07 lakh should be taxable in the hands of the retired employee, in the respective financial years in which the interest income actually arose.
 +
 
 +
Chadha says, "Under the tax laws, the accumulated balance, as it stands on the date of cessation of employment, is considered as an exempt income (subject to satisfaction of certain conditions). Any accreditation in the EPF account after cessation of employment would be taxable income. ITAT, in its recent decision, has also held likewise. Therefore, it is important for employees to consider this aspect while making a decision on retaining their EPF account once their employment ceases."
 +
 
 +
==Rules==
 +
===PF a/c to be transferred automatically on change of employment===
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=PF-acs-to-be-automatically-transferred-on-job-11082017009021  Mahendra Singh, PF a|cs to be automatically transferred on job switch, August 11, 2017: The Times of India]
 +
 
 +
 
 +
From next month, your PF account will be transferred automatically when you change your job, chief provident fund commissioner V P Joy has said.
 +
Joy, who is pushing a slew of initiatives in the Employees' Provident Fund Organisation (EPFO) to make it more worker-friendly , said premature closure of accounts was one of their main challenges, and they were trying to address it by improving services.
 +
 
 +
“Whenever there is change of job, a lot of accounts are closed; then they (the employees) restart their account later on,“ he added.
 +
 
 +
“Now we have made Aadhaar compulsory for enrolment. We don't want accounts to be closed. The PF account is the permanent account.The worker can retain the same account for social security,“ Joy added.
 +
 
 +
“We are trying to ensure transfer of money if one changes jobs, without any application, in three days. In future, if one has an Aadhaar ID and has verified the ID, then the account will be transferred without any application if the worker goes anywhere in the country. This system will be in place very soon,“ he added.
 +
 
 +
The EPFO has also stepped up efforts to expand coverage, and initial results have been positive. “During the campaign from January to June, more than one crore workers were enrolled. Now, we are trying to retain them by improving services,“ Joy said.
 +
 
 +
Joy said PF money should be withdrawn only for major purposes like housing, education of children, or serious hospitalisation. “...Only then will people get social security. So, we are now starting a campaign...to educate people that money must be withdrawn only for essential purposes,“ Joy said.
 +
 
 +
===2017: GPF rules liberalised===
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=GPF-rules-relaxed-for-govt-staffers-28032017010030  GPF rules relaxed for govt staffers, March 28, 2017: The Times of India]
 +
 
 +
 
 +
In a major relief for government employees, the Centre recently relaxed and simplified the General Provident Fund Rules, particularly related to advances and withdrawals by the subscribers.
 +
 
 +
As per relaxed norms, employees can withdraw up to 90% of their amount for housing needs and 75% for buying vehicles. The definition of education for the purpose of withdrawal of GP Fund has now been widened to include primary, secondary and higher education, covering all streams and institutions.
 +
 
 +
The withdrawal limit has also been increased from three months' pay or half the amount at credit, to up to 12 months' pay or 34th of amount at credit, whichever is less.
 +
 
 +
Also this is now admissible to a subscriber after completion of 15 years of service.
 +
 
 +
===2018: Those unemployed for 30 days can withdraw 75% ===
 +
[https://timesofindia.indiatimes.com/business/india-business/epfo-member-can-withdraw-75-funds-after-30-days-of-job-loss/articleshow/64751097.cms  EPFO members can withdraw 75% funds after 30 days of job loss, June 26, 2018: ''The Times of India'']
 +
 
 +
 
 +
'''HIGHLIGHTS'''
 +
 
 +
EPFO members can also withdraw remaining 25 per cent of their funds after completion of two months of unemployment
 +
 
 +
At present, the members can withdraw the funds after two months of unemployment and settle the account in one go
 +
 
 +
 
 +
Retirement fund body EPFO decided to give its members an option to withdraw 75 per cent of their funds after one month of unemployment and keep their PF account with the body.
 +
 
 +
The members would also have an option to withdraw remaining 25 per cent of their funds and go for final settlement of account after completion of two months of unemployment under the new provision in the Employee Provident Fund Scheme 1952.
 +
 
 +
"We have decided to amend the scheme to allow members to take advance from its account on one month of unemployment. He can withdraw 75 per cent of its funds as an advance from its account after one month of unemployment and keep its account with the EPFO," Labour Minister Santosh Kumar Gangwar, who is also the Chairman of EPFO's Central Board of Trustees, told reporters after the trustees meet here.
 +
 
 +
At present, in case of unemployment, a subscriber can withdraw his or her funds after two months of unemployment and settle the account in one go.
 +
 
 +
The minister was of the view that this new provision would give an option to members to keep their account with the EPFO, which he can use after regaining employment again.  
 +
 
 +
However, it was proposed that the members would be allowed to take 60 per cent of funds as an advance on unemployment for not less than 30 days. But, the CBT raised the limit to 75 per cent in the meeting held today.
 +
 
 +
The minister further said, "We approved almost the entire agenda listed for the meeting of the CBT today. We have also given an extension of one year to ETF (exchange-traded funds) manufacturers SBI and UTI Mutual funds till July 1, 2019. We have also extended the term of fund managers till December 31, 2018."
 +
 
 +
There was a proposal to give an extension of six more months to its five fund managers SBI, ICICI Securities Primary Dealership, Reliance Capital, HSBC AMC and UTI AMC for managing its corpus.
 +
 
 +
The five fund managers were appointed for three years from April 1, 2015. They were given extension till June 30, 2018. The CBT has also approved the proposal to appoint a consultant for selection of portfolio managers.
 +
 
 +
The minister also said that the EPFO's ETF investment would soon cross Rs 1 lakh crore mark as it has already invested Rs 47,431.24 crore till May end this year earning a return of 16.07 per cent.
 +
 
 +
The EPFO has also extended the tenure of its consultant CRISIL for evaluation of the performance of fund manager till December 31, 2018.
 +
 
 +
On the widening of the range of the ETF investments by the EPFO, a CBT member said that the agenda was deferred and the board was unanimous that a call will be taken on the advice of new fund managers and consultants to be appointed shortly.  
 +
 
 +
It was proposed to amend the investment pattern of the EPFO to enable the body to invest in equity index ETF beyond NIFTY 50 and Sensex ETF.
 +
 
 +
[[Category:Economy-Industry-Resources|P PROVIDENT FUND: INDIA
 +
PROVIDENT FUND: INDIA]]
 +
[[Category:India|P PROVIDENT FUND: INDIA
 +
PROVIDENT FUND: INDIA]]
 +
[[Category:Pages with broken file links|PROVIDENT FUND: INDIA]]
 +
 
 +
=Employees’ Provident Fund Organisation EPFO=
 +
==Interest rates==
 +
===2012-20===
 +
[[File: Interest rates given by the EPFO to its six crore subscribers, 2012-20.jpg| Interest rates given by the EPFO to its six crore subscribers, 2012-20 <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F03%2F06&entity=Ar00527&sk=5ED2CDD0&mode=text  EPFO snips interest rate by 0.15% to 7-year low of 8.5%, March 6, 2020: ''The Times of India'']|frame|500px]]
  
=Women=
 
==2004-18: labour force participation==
 
[[File: Women entrepreneurs in India, presumably as in 2019; 2004-18, Female labour force participation.jpg| Women entrepreneurs in India, presumably as in 2019 <br/> 2004-18: Female labour force participation <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F03%2F09&entity=Ar00200&sk=E3F06C98&mode=image  March 9, 2020: ''The Times of India'']|frame|500px]]
 
  
 
'''See graphic''':
 
'''See graphic''':
  
Women entrepreneurs in India, presumably as in 2019 <br/>  2004-18: Female labour force participation
+
'' Interest rates given by the EPFO to its six crore subscribers, 2012-20 ''
 +
 
 +
[[Category:Economy-Industry-Resources|P
 +
PROVIDENT FUND: INDIA]]
 +
[[Category:India|P
 +
PROVIDENT FUND: INDIA]]
 +
 
 +
=Private EPF trusts=
 +
==They cannot declare interest lower than EPFO's==
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Pvt-EPF-trusts-cant-declare-interest-lower-than-10102017014026  Lubna Kably, Pvt EPF trusts can't declare interest lower than EPFO's, October 10, 2017: The Times of India]
  
==2016>20:  Women in private sector rise 19%>, 26% ==
 
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F03%2F08&entity=Ar02108&sk=B87A940D&mode=text  Namrata Singh, Women in India Inc: 19% in ’16, 26% now, March 8, 2020: ''The Times of India'']
 
  
 +
'''Companies To Be Periodically Ranked On Six Parameters'''
  
 +
Nearly 1,500 private employee provident fund trusts set up by companies for administration of their employee provident funds (EPFs) will have to ensure that the rate of interest declared by them is at par or higher than that declared by the Employee Provident Fund Office (EPFO).
  
Mumbai:
+
Further, there will be periodic evaluation and monthly ranking of companies which have set up such trusts to ensure better compliance.Employees will also have to be promptly intimated within two days when their EPF account is credited.
  
India Inc appears to have moved the needle on gender diversity over the past four years. An average of seven sectors that a study by Avtar Group covered shows women’s representation has risen from 18.7% in 2016 to 25.7% in 2019, and it is expected to cross 26% this year.
+
The ministry of labour noticed that a few private EPF trusts were not able to declare the rate of interest at par with EPFO. Hence, a recent circular emphasises that any deficit in interest declared by the board of trustees is to be made good by the employer to bring it up to the statutory limit.
  
 +
“About 1,500 companies have been granted exemption (ie: permission) to maintain their own EPF trusts. While declaration of the minimum interest prescribed by the EPFO and meeting of any deficit by the employer company , are conditions prescribed for running a private EPF trust, some were not following it.The recent circular on interest rate and prompt communication to employees aims to ensure parity for employees covered by such private trusts,“ said an official.
  
The report is based on data from across 353 companies that employ more than 10 lakh women. Sector-wise, it’s a mixed bag though. Consulting, fast-moving consumer goods and information technology and information technology-enabled services (IT and ITeS) are expected to inch up on the percentage of women’s representation in 2020 while pharmaceuticals and hospitality could see a dip.
+
Sonu Iyer, leader and partner, People Advisory Services at EY India, illustrates: “For the financial year 2016-17, the interest rate announced by the EPFO was 8.65%. Irrespective of the earnings actually made by the private trusts, they are required to provide this minimum interest rate to their employees. These trusts have also been advised, via the circular, to constitute investment committees to ensure optimal financial management of the trust's funds.
  
Saundarya Rajesh, founder president of Avtar, said, “Consulting industry has a greater diversity consciousness. With more women pursuing MBAs, the FMCG sector has enhanced its gender diversity quotient. On the other hand, manufacturing, which is the lowest in terms of women’s representation (8% in 2019), is expected to bounce back this year to over 10%. The initial blip in women’s representation in manufacturing could be an effect of market conditions.” Women’s representation in consulting, which has their highest representation in India, is estimated to reach 44% by 2020.
+
“Stringent action, such as cancellation of the permission given to the private EPF trust, will be taken for repeated defaults, especially for delays in remittance of money collected from employees or for reduced interest rates,“ say government sources.
  
==2017-18==
+
Companies with private EPF trusts will be evaluated periodically on six parame ters (100 points for each), such as: full and timely monthly remittances of EPF accumulations to the private trust; transfer of funds ­­ for example on exit of employees; efficacy of making investments, the rate of return and settlement of claims and audit of the private trust's accounts.
[https://epaper.timesgroup.com/olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIM%2F2020%2F02%2F01&entity=Ar01917&sk=4488831A&mode=text  Share of women in labour force continues to drop, February 1, 2020: ''The Times of India'']
+
  
[[File: Distribution of women attending domestic duties by age group and level of education, 2017-18.jpg|Distribution of women attending domestic duties by age group and level of education, 2017-18 <br/> From: [https://epaper.timesgroup.com/olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIM%2F2020%2F02%2F01&entity=Ar01917&sk=4488831A&mode=text  Share of women in labour force continues to drop, February 1, 2020: ''The Times of India'']|frame|500px]]
+
All companies having 20 or more employees have to provide a social security net via provident fund. If a company has not opted for its own private provident fund trust, the employees are covered by the fund administered by the EPFO, which currently oversees nearly 15 crore employee accounts.
  
More than half the women who never get past school end up doing full-time house work. But nearly 95% of those who study till graduation or get a diploma escape the drudgery of domestic chores, says the Economic Survey 2020.
+
EPFO communicates remittances made to an employee's account through UMANG mobile app e-passbook.
  
Continuing education past school level dramatically improves the prospects of women to be employed, it says, expressing concern over declining female labour force participation ratio. Failure to acquire skills or attain the desired level of education keeps them out of the job market and ties them down to household chores for all their productive years, the Survey says.
+
The EPFO website has already put up the ranking of 1,552 companies for July , with 50 firms getting a perfect score of 600. Notable names include Steel Authority of India, West Bengal Power Development Corporation, Gujarat State Fertilizers, Godrej Consumer Products, Nestle India, and Mother Diary .
  
An analysis of the Periodic Labour Force Survey (PLFS) 2017-18 shows that for the productive age group (15-59 years), only 5.3% of highly educated women (graduate and above) are engaged in full-time domestic duties while the figure for those educated up to secondary level is 54.6%.
+
=Public Provident Fund (PPF)=
 +
==10- year bond determines PPF rates==
 +
[[File: 2016-17- the yield of the 10- year bond that determines PPF rates.jpg|2016-17: the yield of the 10- year bond that determines PPF rates <br/> From [http://epaperbeta.timesofindia.com/Gallery.aspx?id=25_09_2017_024_019_005&type=P&artUrl=Politics-may-prevent-a-steep-cut-in-the-25092017024019&eid=31808 The Times of India], September 25, 2017 |frame|500px]]
  
Worryingly, among women aged 30-59 who dropped out of school, the proportion of those doing domestic duties increased from 46% in 2004-05 to 65.4% in 2017-18. In the age group of 15-59 years, about 60% of women were outside the labour market, stuck to domestic duties, compared to less than 1% of males.
+
See graphic, '' 2016-17- the yield of the 10- year bond that determines PPF rates ''
  
The Economic Survey goes on to cite data share analysis, based on various rounds of NSO-Employment and Unemployment Survey and Periodic Labour Force Survey 2017-18 estimates. As per the data, female labour force participation ratio (LFPR) for productive age-group (15-59 years) shows a declining trend. Female labour force participation declined by 7.8 percentage points from 33.1% in 2011-12 to 25.3% in 2017-18. “To understand this trend, the activity status of females outside the workforce was examined separately for youth (15-29) as well as for the age groups (30-59 & 15-59),” it says.
+
==Premature closure for studies, medical expenses==
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Premature-PPF-closure-okayed-for-studies-med-expenses-22062016008071 ''The Times of India''], Jun 22 2016
  
Female LFPR is higher in rural areas than urban areas, and rate of decline was also sharper in rural areas.
+
'''Premature PPF closure okayed for studies, med expenses'''
  
In 2017-18, more men (10.5%) were unemployed than young women (3%). Proportion of youth in educational institutions has risen faster from 23% in 2004-05 to 38.5% in 2017-18 for young males, while for young women proportion almost doubled from 15.8% in 2004-05 to 30.3% in 2017-18.
+
Subscribers of the Public Provident Fund (PPF) can now close their accounts before maturity , but after it completes five years, for reasons such as higher education or expenditure towards a medical emergency .
 +
“A subscriber shall be allowed premature closure of his account, or account of a minor of whom he is the guardian, on the ground that the amount is required for treatment of serious ailments or life-threatening diseases of the account-holder, spouse or dependent children, on production of supporting documents from the competent medical authority ,“ the finance ministry said in a notification..
  
It concludes that despite extensive studies to explain the drop in female work participation, there is no consensus among scholars.
+
Similarly , the closure of account to seek funds for higher education will require the submission of documents and fee bills confirming the account-holder's admission in a recognised institution in India or abroad.
  
==2019: the quality of women’s representation==
+
==Rules and procedures for holders==
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F03%2F08&entity=Ar02110&sk=038ED2B6&mode=text Rohan Dua, March 8, 2020: ''The Times of India'']
+
===PPF account to be closed if holder becomes NRI===
 +
[https://timesofindia.indiatimes.com/business/india-business/ppf-account-to-be-closed-if-holder-becomes-nri/articleshow/61330739.cms October 30, 2017: The Times of India]
  
Representation of women in the workforce has been dipping, both in terms of numbers and quality, says a joint report by the United Nations Global Compact, a conglomeration of corporate bodies, and Grant Thornton that was released, a day ahead of International Women’s Day.
 
  
The kind of work women find representation in has, meanwhile, been heavily skewed towards those that require soft skills — BPO, teaching and desk-based jobs — and not those that need managerial skills. Earlier, the Global Gender Gap Report, released by the World Economic Forum in 2019, had said women across the world would need 257 years to get economic parity with men. That parity is directly linked to the space women find in workplace.
+
'''HIGHLIGHTS'''
  
“Barriers to women’s involvement vary by industry and, often, reflect industry cultures as well as overarching economic and social factors … Women are preferred in teaching, clerical and low-level jobs,” the latest report says. This translates into women not getting opportunities to take ownership of work they do. For instance, while 75% of farmers are rural women, only 13% own their land.
+
Government has notified that PPF accounts would be closed prior to maturity in case of holders changing their personal status to become NRIs
  
On similar lines, having women in leading positions in the workplace creates a more inclusive space. The evidence is compelling. Representation of women in businesses owned by women is very high — 90% in the manufacturing sector and 81% in the services sector. To put this in context, the labour force participation of women across sectors is 24.8%, down from 34% in 2006.
+
NRIs are not allowed in instruments like the National Savings Certificates, Public Provident Fund, Monthly Income Schemes and other time deposits offered by the post office
  
“A look at this year’s Fortune 500 India list shows only 29 companies have women leaders with executive powers — majority of which are in the banking and financial services sector,the report says. This, however, does not mean the banking and financial services sector is doing better. The quality of representation, too, matters. “In general, banks tend to have a higher percentage of female workforce working as clerks than in other positions. Public sector banks have a higher share of female subordinates than private sector banks,” it adds. The report mentions that progressive iniatives to connect women to economy have been made from time to time. “For example, under Pradhan Mantri Jan Dhan Yojana, women hold 53 % of bank accounts,” it says.
+
Amending rules on post office savings schemes like the National Savings Certificates (NSC) and Public Provident Fund (PPF), the government has notified that such accounts would be closed prior to maturity in case of holders changing their personal status to become non-resident Indians (NRIs).
  
[[Category:Bangladesh|L LABOUR: INDIALABOUR: INDIALABOUR: INDIA
+
The amended rules were notified in the official gazette earlier this month.
LABOUR: INDIA]]
+
[[Category:Economy-Industry-Resources|L LABOUR: INDIALABOUR: INDIALABOUR: INDIA
+
LABOUR: INDIA]]
+
[[Category:India|L LABOUR: INDIALABOUR: INDIALABOUR: INDIA
+
LABOUR: INDIA]]
+
[[Category:Pakistan|L LABOUR: INDIALABOUR: INDIALABOUR: INDIA
+
LABOUR: INDIA]]
+
  
=See also=
+
The amendment to the PPF Scheme, 1968, says: "If a resident who opened an account under this scheme, subsequently becomes a non-resident during the currency of the maturity period, the account shall be deemed to be closed with effect from the day he becomes non-resident".
  
[[Bonded labour: India]]
+
The interest payable would be up to the date of the account closure, it said.
  
[[Child Labour: India]]
+
A separate notification on NSCs said in case of a similar change of status of the certificate holder before the maturity period, "the certificate will be encashed, or deemed to be encashed on the day he becomes non-resident" and interest will be paid accordingly.
  
[[Employment: India]]
+
NRIs are not allowed in instruments like the National Savings Certificates, Public Provident Fund, Monthly Income Schemes and other time deposits offered by the post office.
  
[[Household expenditures: India]]
+
In September 2017, the government had retained the interest rate on Public Provident Fund for October-December unchanged at 7.8%, in line with the rates for small savings schemes.
  
[[Transport sector: India]]
+
==Withdrawals==
 +
===For housing, health===
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=PF-withdrawal-allowed-for-housing-health-19042016009014 ''The Times of India''], Apr 19 2016
  
[[Labour: India]]
+
''' PF withdrawal allowed for housing, health '''
  
[[Wages, salaries: India]]
+
The labour ministry eased the planned restriction on withdrawal of contribution to the employees' provident fund. It said withdrawal can be allowed for housing, major medical treatment for self and family members, medical, dental and engineering educa tion of children, and for their marriage.
  
[[Emigration from South Asia]]
+
The relaxation has also been extended to members who have joined an establishment belonging to or under the central or state government, and become a member of contributory provident fund or old age pension.
  
[[Emigration from India]]
+
These norms will come into effect from August.
  
[[Transport sector: India]]  for how Indians Commute to work
+
The amendments were made after labour minister Bandaru Dattatreya received representations from trade unions. A government release said the ministry had decided to pay the full accumulations to the credit of a member, including interest up to the date of payment, if he or she fulfils any of the above-mentioned conditions. In February , the ministry had said PF subscribers would not be able to withdraw their provident fund after attaining the age of 54 years, and will have to wait till they are 58 years old.
 +
=See also=
 +
[[Pensions and retirement: India]]   
 +
[[Provident Fund: India]]

Revision as of 08:08, 28 January 2021

This is a collection of articles archived for the excellence of their content.

Contents

Employees' Provident Fund

A critique

As in 2020

Rama Karmakar, January 28, 2021: The Times of India


For a vast number of the salaried, the employee provident fund (EPF) is the only social security net they have. But the EPF rules are such that they tend to discriminate against the young and vulnerable — those who have not yet worked for five years without a break. It took a pandemic to expose how this hurts the private-sector salaried workers most when they have already been hit hard by job loss.

HOW EPF WITHDRAWALS ARE TAXED

Withdrawal of EPF accumulated balance is not taxable if: An employee participating in EPF has rendered continuous service for five or more years;

Or, if before 5 years, the employee’s service has been discontinued on grounds of ill-health, or by contraction or discontinuance of employer’s business or other causes beyond the control of the employee.

In other circumstances, the accumulated balance withdrawn within five years of continuous service is considered as taxable income.

During the Covid-19 pandemic, many employees lost their jobs due to business uncertainties. The following illustration brings out the taxability of EPF withdrawal in different cases/ circumstances (all figures in Rs): As Rohan’s employment was terminated by his employer, the EPF balance withdrawn by him will be exempted from tax. As Rashi voluntarily resigned from employment after working for 2 years, her EPF balance withdrawn would be taxable. For withdrawals in excess of Rs 50,000, tax is usually deducted at source. Roshni, who did not withdraw the EPF amount, can map the accumulated balance to the new employer, in case she continues with EPF. Rahul rendered continuous service of more than five years, so his accumulated EPF would not be taxable. However, the interest that has accrued for the period of two years after cessation of employment would be taxable in his hands.

EPF ADVANCE DURING PANDEMIC

The government has allowed members of the EPF scheme to claim ‘nonrefundable advance’ from their EPF account to the extent of the basic wages and dearness allowance for three months, or up to 75% of the amount outstanding in the EPF account, whichever is less. This has been a very effective scheme and a timely intervention to address liquidity issues faced by employees during the pandemic. The FAQs released by provident fund authorities have clarified that such withdrawals will not be taxable. However, the corresponding amendment in the Income Tax Act to ensure that the non-refundable advance received is not taxable is still awaited.

EXEMPTION DESIRABLE FOR SOCIAL SECURITY WITHDRAWALS

As compared to developed countries, India does not have a strong social security net to protect workers in the event of unemployment. Globally, many countries provide unemployment insurance to employees upon satisfaction of specified conditions. For instance, in the US, those who are unemployed due to no fault of their own are eligible to claim unemployment insurance. In Canada, employment insurance provides benefits to individuals who have lost their jobs and are available for work but cannot find a job. No such social security support is available in India. And, taxation of EPF withdrawals would leave a lower amount in the hands of employees in times of need.

For taxing EPF withdrawals, the limit of five years may be retained. However, exemption from tax may be considered if withdrawals are made before five years to meet certain contingencies/life goals such as purchase of residential house, marriage, education of children, medical expenses/ emergency, pandemics such as Covid-19 etc.

The government is in the process of implementing the new Labour Codes, likely to be effective from April 1, 2021. One of the important aspects of the code is to provide ‘social security for all’. In keeping with this spirit, there is a need to amend the tax laws also, to no longer subject EPF withdrawals to tax. The writer is Tax Partner at EY India. Ankur Agrawal, senior tax professional with EY, also contributed to this article (Views expressed are personal)

2016/ SC: employees can raise contributions without cut-off date for eligibility

Prabhakar Sinha, SC ruling enables massive rise in pvt sector pensions, November 22, 2017: The Times of India

See graphic:

The EPF scheme, the amendment of 1996 and the SC-mandated scheme


A Supreme Court order of October 2016 that directed the Employees’ Provident Fund Organisation (EPFO) to revise the pension of 12 petitioners under the employee pension scheme (EPS).

The pension scheme, which is part of EPF, has over 5 crore members. Every employee in the organised sector contributes 12% of basic salary and dearness allowance to EPF. The employer makes a matching contribution. Of the employer’s contribution, 8.33% goes to the EPS. When people withdraw their EPF after a job switch or during unemployment, the EPS is not given out. It’s payable only after superannuation.

There is also a ceiling on EPS contributions. The current cap on salary (basic + DA) is Rs 15,000 per month so, the maximum one can contribute to the EPS is 8.33% of Rs 15,000, which is Rs 1,250 a month.

Between July 2001 and September 2014, the EPS salary cap was Rs 6,500 a month, which translated to a maximum contribution of Rs 541.4 a month.

SC ruling to benefit 5 crore EPFO members

Prior to 2001, the ceiling was Rs 5,000 which yielded a maximum contribution of Rs 416.5. So how did 62-year-old Kohli get a pension of over Rs 30,000 a month with such a meagre contribution to the pension fund?

It took a long struggle in which he cited an important amendment to the EPS. In March 1996, the EPS Act was amended to allow members to raise pension contribution to 8.33% of full salary (basic + DA) irrespective of what the salary is. This raised the pension multiple times.

However, for a decade hardly anybody opted for higher contribution. In 2005, following media reports, including in TOI, several private EPF fund trustees and employees approached EPFO with the demand to remove ceiling on their EPS contribution and raise it to their total salary. The EPFO rejected the demand claiming that response should have come within six months of the 1996 amendment.

Cases were filed against EPFO in various high courts. By 2016 all except one high court ruled against EPFO stating that the six-month deadline was arbitrary and the employees must be allowed to raise their pension contribution whenever they wish to. The case went to Supreme Court which, in two separate rulings in 2016, ruled in favour of the employees’ right to raise their contributions to their pension fund without imposing any cut-off date for eligibility.

It took another year for the EPFO to implement the court order following a strong fight put up by petitioners like Kohli. Finally, from November 2017, Kohli started getting higher pension.

To raise his monthly pension from Rs 2,372 to Rs 30,592, Kohli had to pay Rs 15.37 lakh as the difference between EPS contribution he had made while in service and the contribution he would have made if he was allowed to raise it to his full salary. But he also got Rs 13.23 lakh as arrears for the higher pension that he was entitled to for four years spent in retirement before November 2017. So, by paying Rs 2.14 lakh

additionally, Kohli was able to raise his lifelong pension by nearly 13 times. In case he passes away before his wife, she will get 50% of Kohli’s last drawn pension till she is alive.

Are all 5 crore members of EPFO now eligible for higher pension if they opt to raise their EPS contribution? Yes, all those who joined EPFO before September 1, 2014 — the date on which the EPS imposed the Rs 15,000 salary cap — can contribute on their full salary to EPS. They can submit applications to their company and the EPFO and get up to half of their last average monthly salary as pension. Those who joined EPFO after September 1, 2014 and have a salary above Rs 15,000 are not eligible for pension while those starting with salaries lower than Rs 15,000 can contribute to EPS but the cap of Rs 15,000 will kick in when their salary rises.

EPFO is also discriminating against employees who are members of privately-managed EPF trusts (nearly 80 lakh), officially called Exempt Establishments and those who directly contribute to the government-run trust (4.25 crore) called Un-exempt Trusts.

Central provident fund commissioner V P Joy said, “EPS will not be able to give pension to those members whose contributions on higher salary have not been received by EPFO.” The EPFO is denying employees of exempt companies higher pension on the grounds that only 8.33% of up to Rs 15,000 and not their entire PF contribution goes to EPS.

However, two of the 12 petitioners who went to court were from the exempt category. So, a precedent has been set. It’s likely that members of private trusts or the trusts themselves will go to the court to settle the issue. The EPFO’s board of trustees is also likely to discuss the move to bar exempt EPF trusts.

Those who joined EPFO before September 1, 2014 can contribute on their full salary to EPS

Amnesty scheme, 2017

Lubna Kably, India Inc can enrol employees under EPF amnesty scheme, Jan 3, 2017: The Times of India


Cos Have To Pay Only Rs 1 Damages For Each Year Of Default

Companies which have not enrolled their employees as members under the Employee Provident Fund (EPF) scheme will now get a chance to do so, against payment of a minimal damage fee of Re 1per year of default.

Additionally , if the employee wasn't enrolled earlier and hisher share of contribution was not deducted from salary , the employer company had to pay this sum also in addition to the past defaults of its own contribution. Now under the amnesty scheme, only the employer's contribution has to be deposited.

The objective of the amnesty is to ensure enrolment of employees and spread the benefit of the EPF scheme.Companies having 20 or more employees are required to mandatorily enrol those employees under the EPF scheme who have a salary of up to Rs 15,000 per month.The EPF scheme is optional for those drawing a higher salary . However, once an employee opts for the scheme, he or she cannot opt out.

Both the employer and employee are required to contribute 12% per month towards EPF against the employee's basic salary plus dearness allowance. However, under the amnesty , interest at the rate of 12% on the amount due for delayed deposit of the contribution will be payable for the period of delay .This amnesty scheme, which comes into force from January 1, is open until March-end.“The main purpose of the amnesty is to expand coverage of the EPF scheme,“ said a government official.

Arrears in payment of EPF dues is rampant. More than a lakh employers had not deposited PF contributions and the arrears outstanding as of March 31, 2015 was nearly Rs 3,000 crore. “More damaging is that there is an equally large number of companies (especially micro, small & medium enterprises, or MSMs), say in the garment or auto ancillary sector, who do not enrol their employees at all,“ adds the government official.

Sonu Iyer, partner and leader people advisory services at EY India, explains, “Companies that had not enrolled employees under the EPF scheme for the period beginning April 1, 2009 to December 31, 2016 can take advantage of the amnesty scheme by making a declaration to the regional employee provident fund office.“

“The employer will be required to deposit the required sum, which denotes its share of contribution, employee's share of contribution only if deducted from employee's salary but not deposited, interest and a nominal damage charge within 15 days of making the declaration.The biggest largesse under the amnesty is that the company doesn't have to make good the share of the employee's contribution,“ adds Iyer.

After depositing the sums, adetailed return has to be filed with the Regional Provident Fund Commissioner. Employers are eligible to participate in the amnesty only if proceedings under section 7A (inquiries) have not already commenced against them.

However, it is not clear whether the amnesty scheme will cover cases where employees had been enrolled in the EPF scheme but where there was a shortfall in depositing contributions.

EPFO to settle death claims within 7 days

EPFO to settle death claims within 7 days, Nov 02 2016 : The Times of India


Employees' Provident Fund Organisation (EPFO) issued guidelines in Nov 2019 to its field offices to settle death claims in seven days and retirement cases before a worker superannuates from the job, a move which comes days after PM Narendra Modi slammed the labour ministry for the provident fund manager's poor service.

The central provident fund commissioner informed labour minister Bandaru Dattatreya that on the PM's directions, EPFO had issued guidelines to field offices to take “proactive action to settle death claims within seven days and reti rement cases on or before the day of retirement,“ the ministry said.

EPFO coverage for Indians working abroad, 2017

Amit Anand Choudhary, SC cancels engineering degrees given by deemed universities through correspondence course, Nov 3, 2017: The Times of India


HIGHLIGHTS

The apex court restrained educational institutions from providing courses in subjects like engineering, in the distance education mode

With its ruling, the SC affirmed the findings of the Punjab and Haryana high court on the issue

Also with its ruling, the SC set aside a verdict by the Odisha high court, which allowed technical education by correspondence


Indians working abroad can now exempt themselves from their host country's social security scheme and get covered by retirement fund body EPFO, Central Provident Fund Commissioner (CPFC) V P Joy said.

An online facility to avail the benefit has been made functional, he said at a national seminar on 'Fraud Risk Management-The New Initiatives' here. The scheme allows Indian employees the option of not being part of their host country's social security scheme and saves employers from double social security contributions.

The Employees' Provident Fund Organisation, which manages the money in employees provident fund accounts, has entered into an agreement with 18 countries. "We have made the whole process employee friendly. Employees going abroad to work can get a certificate of coverage (CoC). They can apply for the CoC online and can get it too," he told.

Joy said there is a simple one-page application form available on the EPFO's website for the purpose.

"The scheme is of great help for Indian workers going overseas for a limited period of time. The biggest benefit they get from opting for the CoC is that their money is not blocked for a long time in the host country," he said, explaining the benefits of the scheme.

India has operational social security agreements with Belgium, Germany, Switzerland, France, Denmark, Republic of Korea, Grand Duchy of Luxembourg, Netherlands, Hungary, Finland, Sweden, Czech Republic, Norway, Austria, Canada, Australia, Japan and Portugal.

EPFO is one of the largest social security providers in the world, covering 9.26 lakh establishments with more than 4.5 crore members. It provides pension to 60.32 lakh pensioners every month.

Interest rates

Dec 2016: cut to 8.65%

The Times of India, Dec 20 2016

EPFO cuts interest rate to 8.65%

Employees Provident Fund, interest rates, 2010-16; Graphic courtesy: The Times of India, Dec 20 2016


The Employees Provident Fund Organisation (EPFO) recommended a minor reduction in interest rate to 8.65% for the financial year 2016-17 compared to 8.8% in 2015-16 but it still remains the best investment bet given that there is no cap on how much you set aside and the entire corpus remains tax free.

The reduction in interest rate to a four-year low is in line with the falling regime although bank fixed deposit rates have seen a sharper decline due to demonetisation of Rs 500 and Rs 1,000 notes. State Bank of India, for instance, has lowered fixed deposit rates by 15 basis points (100 basis points equal one percentage point), while on deposits of over Rs 1 crore (known as bulk deposits) rates have been slashed by up to 190 basis points. In any case, with the RBI singalling a shift towards a low rate regime, the government was forced to pare returns on small savings schemes.

Trade unions were demanding that EPFO central board headed by labour minister Bandaru Dattatreya retain the rates at least year's level, something that did not appear feasible given the retirement agency's projections. At 8.8%, EPFO would have faced a deficit of Rs 384 crore, while at 8.65% it will have a surplus of Rs 296 crore.

“The decision was arrived at after detailed consultations with all stakeholders. With consensus we have taken this decision,“ Dattatreya said in Bengaluru after the meeting.Interest income from PF investments for 2016-17 has been estimated mainly on the basis of interest income received or receivable in this financial year, including surplus of Rs 410 crore from previous year, an official said.

“In 2015, the interest rate decided was at 8.8%. At that time, along with the income of EPFO, the surplus from the previous year was Rs 1,600 crore. This year, along with the income, the surplus available is Rs 410 crore,“ Central Provident Fund Commissioner V P Joy said.

The recommendation of the EPFO board needs to be ratified by the finance ministry , which notifies the rates. Last year, the finance ministry had suggested a reduction but was forced to go with the board's decision after public uproar.

Erstwhile employees must pay tax on interest

November 16, 2017: The Times of India


HIGHLIGHTS

According to a notification issued, when an employee resigns from his job, his EPF account continues to be "operative" and earns an interest until he applies for withdrawal.

On the other hand, if an employee retires after 55 years of age, then post three years from the date of retirement, his EPF account is treated as "inoperative" and does not earn any interest.

Tax laws provide that interest credited to an employee provident fund (EPF) account after an individual ceases to be in employment+ is taxable in his hands in the year of credit.

In its order, the Bengaluru bench of the Income-Tax Appellate Tribunal (ITAT) also upheld this I-T provision while adjudicating the matter of a retired employee+ . Post-employment, whether on account of termination, resignation or retirement, several employees continue to maintain their EPF accounts and earn interest on the same. Unfortunately, they are usually not aware of the tax implications on the interest accretion in the fund after termination of employment," says Amarpal Chadha, partner and India mobility leader at EY India. Investment consultants point out that even in the case heard by ITAT, the taxpayer had mistakenly thought that the interest which had accrued to his EPF account post his retirement was not taxable.

This ITAT ruling is pertinent not only for retired employees, but also those who have quit employment for various reasons, say, to be an entrepreneur or a homemaker, and have continued to retain a balance in their EPF accounts.

According to a notification issued last November, when an employee resigns from his job or his services are terminated, his EPF account continues to be "operative" and earns an interest until he applies for withdrawal of the accumulated balance or takes up another job and transfers the balance. On the other hand, interest accrual norms are different for a retired employee. If an employee retires after 55 years of age and does not apply for withdrawal from his EPF account or transfer of the balance, then post three years from the date of retirement, his EPF account is treated as "inoperative" and does not earn any interest.

The applicable rate of interest is announced each year. For the recently concluded financial year 2016-17, the interest rate was 8.65% and rates for the current financial year are expected to be announced shortly. In the recent case, the man had retired from a prominent Bengaluru-headquartered software company after 26 years of service, on April 1, 2002, and the total amount in his EPF account then was Rs 37.93 lakh. Nine years later, on April 11, 2011, he withdrew the grown sum of Rs 82 lakh from his EPF account. This amount included interest of Rs 44.07 lakh that had accrued post his retirement till the date of withdrawal.

The retired employee did not offer this interest amount to tax, as he viewed it would be exempt under Section 10 (12) of the I-T Act. During assessment proceedings for financial year 2011-12, the I-T officer sought to levy tax on this amount and the litigation finally reached ITAT's doors.

Based on a reading of Section 10(12) and also the definition of "accumulated balance", the ITAT held: "The exemption is limited to the accumulated balance due and payable to an employee up to the date of his retirement or end of his employment."

ITAT pointed out that the term "accumulated balance due to an employee" is defined as the balance standing to his credit, or such portion of it as may be claimed by the concerned employee under the regulations of the fund "on the day he ceases to be an employee".

Thus, the ITAT agreed that the interest earned postretirement was taxable in the hands of the retired employee. However, it added that the aggregate interest of Rs 44.07 lakh should be taxable in the hands of the retired employee, in the respective financial years in which the interest income actually arose.

Chadha says, "Under the tax laws, the accumulated balance, as it stands on the date of cessation of employment, is considered as an exempt income (subject to satisfaction of certain conditions). Any accreditation in the EPF account after cessation of employment would be taxable income. ITAT, in its recent decision, has also held likewise. Therefore, it is important for employees to consider this aspect while making a decision on retaining their EPF account once their employment ceases."

Rules

PF a/c to be transferred automatically on change of employment

Mahendra Singh, PF a|cs to be automatically transferred on job switch, August 11, 2017: The Times of India


From next month, your PF account will be transferred automatically when you change your job, chief provident fund commissioner V P Joy has said. Joy, who is pushing a slew of initiatives in the Employees' Provident Fund Organisation (EPFO) to make it more worker-friendly , said premature closure of accounts was one of their main challenges, and they were trying to address it by improving services.

“Whenever there is change of job, a lot of accounts are closed; then they (the employees) restart their account later on,“ he added.

“Now we have made Aadhaar compulsory for enrolment. We don't want accounts to be closed. The PF account is the permanent account.The worker can retain the same account for social security,“ Joy added.

“We are trying to ensure transfer of money if one changes jobs, without any application, in three days. In future, if one has an Aadhaar ID and has verified the ID, then the account will be transferred without any application if the worker goes anywhere in the country. This system will be in place very soon,“ he added.

The EPFO has also stepped up efforts to expand coverage, and initial results have been positive. “During the campaign from January to June, more than one crore workers were enrolled. Now, we are trying to retain them by improving services,“ Joy said.

Joy said PF money should be withdrawn only for major purposes like housing, education of children, or serious hospitalisation. “...Only then will people get social security. So, we are now starting a campaign...to educate people that money must be withdrawn only for essential purposes,“ Joy said.

2017: GPF rules liberalised

GPF rules relaxed for govt staffers, March 28, 2017: The Times of India


In a major relief for government employees, the Centre recently relaxed and simplified the General Provident Fund Rules, particularly related to advances and withdrawals by the subscribers.

As per relaxed norms, employees can withdraw up to 90% of their amount for housing needs and 75% for buying vehicles. The definition of education for the purpose of withdrawal of GP Fund has now been widened to include primary, secondary and higher education, covering all streams and institutions.

The withdrawal limit has also been increased from three months' pay or half the amount at credit, to up to 12 months' pay or 34th of amount at credit, whichever is less.

Also this is now admissible to a subscriber after completion of 15 years of service.

2018: Those unemployed for 30 days can withdraw 75%

EPFO members can withdraw 75% funds after 30 days of job loss, June 26, 2018: The Times of India


HIGHLIGHTS

EPFO members can also withdraw remaining 25 per cent of their funds after completion of two months of unemployment

At present, the members can withdraw the funds after two months of unemployment and settle the account in one go


Retirement fund body EPFO decided to give its members an option to withdraw 75 per cent of their funds after one month of unemployment and keep their PF account with the body.

The members would also have an option to withdraw remaining 25 per cent of their funds and go for final settlement of account after completion of two months of unemployment under the new provision in the Employee Provident Fund Scheme 1952.

"We have decided to amend the scheme to allow members to take advance from its account on one month of unemployment. He can withdraw 75 per cent of its funds as an advance from its account after one month of unemployment and keep its account with the EPFO," Labour Minister Santosh Kumar Gangwar, who is also the Chairman of EPFO's Central Board of Trustees, told reporters after the trustees meet here.

At present, in case of unemployment, a subscriber can withdraw his or her funds after two months of unemployment and settle the account in one go.

The minister was of the view that this new provision would give an option to members to keep their account with the EPFO, which he can use after regaining employment again.

However, it was proposed that the members would be allowed to take 60 per cent of funds as an advance on unemployment for not less than 30 days. But, the CBT raised the limit to 75 per cent in the meeting held today.

The minister further said, "We approved almost the entire agenda listed for the meeting of the CBT today. We have also given an extension of one year to ETF (exchange-traded funds) manufacturers SBI and UTI Mutual funds till July 1, 2019. We have also extended the term of fund managers till December 31, 2018."

There was a proposal to give an extension of six more months to its five fund managers SBI, ICICI Securities Primary Dealership, Reliance Capital, HSBC AMC and UTI AMC for managing its corpus.

The five fund managers were appointed for three years from April 1, 2015. They were given extension till June 30, 2018. The CBT has also approved the proposal to appoint a consultant for selection of portfolio managers.

The minister also said that the EPFO's ETF investment would soon cross Rs 1 lakh crore mark as it has already invested Rs 47,431.24 crore till May end this year earning a return of 16.07 per cent.

The EPFO has also extended the tenure of its consultant CRISIL for evaluation of the performance of fund manager till December 31, 2018.

On the widening of the range of the ETF investments by the EPFO, a CBT member said that the agenda was deferred and the board was unanimous that a call will be taken on the advice of new fund managers and consultants to be appointed shortly.

It was proposed to amend the investment pattern of the EPFO to enable the body to invest in equity index ETF beyond NIFTY 50 and Sensex ETF.

Employees’ Provident Fund Organisation EPFO

Interest rates

2012-20

Interest rates given by the EPFO to its six crore subscribers, 2012-20
From: EPFO snips interest rate by 0.15% to 7-year low of 8.5%, March 6, 2020: The Times of India


See graphic:

Interest rates given by the EPFO to its six crore subscribers, 2012-20

Private EPF trusts

They cannot declare interest lower than EPFO's

Lubna Kably, Pvt EPF trusts can't declare interest lower than EPFO's, October 10, 2017: The Times of India


Companies To Be Periodically Ranked On Six Parameters

Nearly 1,500 private employee provident fund trusts set up by companies for administration of their employee provident funds (EPFs) will have to ensure that the rate of interest declared by them is at par or higher than that declared by the Employee Provident Fund Office (EPFO).

Further, there will be periodic evaluation and monthly ranking of companies which have set up such trusts to ensure better compliance.Employees will also have to be promptly intimated within two days when their EPF account is credited.

The ministry of labour noticed that a few private EPF trusts were not able to declare the rate of interest at par with EPFO. Hence, a recent circular emphasises that any deficit in interest declared by the board of trustees is to be made good by the employer to bring it up to the statutory limit.

“About 1,500 companies have been granted exemption (ie: permission) to maintain their own EPF trusts. While declaration of the minimum interest prescribed by the EPFO and meeting of any deficit by the employer company , are conditions prescribed for running a private EPF trust, some were not following it.The recent circular on interest rate and prompt communication to employees aims to ensure parity for employees covered by such private trusts,“ said an official.

Sonu Iyer, leader and partner, People Advisory Services at EY India, illustrates: “For the financial year 2016-17, the interest rate announced by the EPFO was 8.65%. Irrespective of the earnings actually made by the private trusts, they are required to provide this minimum interest rate to their employees. These trusts have also been advised, via the circular, to constitute investment committees to ensure optimal financial management of the trust's funds.“

“Stringent action, such as cancellation of the permission given to the private EPF trust, will be taken for repeated defaults, especially for delays in remittance of money collected from employees or for reduced interest rates,“ say government sources.

Companies with private EPF trusts will be evaluated periodically on six parame ters (100 points for each), such as: full and timely monthly remittances of EPF accumulations to the private trust; transfer of funds ­­ for example on exit of employees; efficacy of making investments, the rate of return and settlement of claims and audit of the private trust's accounts.

All companies having 20 or more employees have to provide a social security net via provident fund. If a company has not opted for its own private provident fund trust, the employees are covered by the fund administered by the EPFO, which currently oversees nearly 15 crore employee accounts.

EPFO communicates remittances made to an employee's account through UMANG mobile app e-passbook.

The EPFO website has already put up the ranking of 1,552 companies for July , with 50 firms getting a perfect score of 600. Notable names include Steel Authority of India, West Bengal Power Development Corporation, Gujarat State Fertilizers, Godrej Consumer Products, Nestle India, and Mother Diary .

Public Provident Fund (PPF)

10- year bond determines PPF rates

2016-17: the yield of the 10- year bond that determines PPF rates
From The Times of India, September 25, 2017

See graphic, 2016-17- the yield of the 10- year bond that determines PPF rates

Premature closure for studies, medical expenses

The Times of India, Jun 22 2016

Premature PPF closure okayed for studies, med expenses

Subscribers of the Public Provident Fund (PPF) can now close their accounts before maturity , but after it completes five years, for reasons such as higher education or expenditure towards a medical emergency . “A subscriber shall be allowed premature closure of his account, or account of a minor of whom he is the guardian, on the ground that the amount is required for treatment of serious ailments or life-threatening diseases of the account-holder, spouse or dependent children, on production of supporting documents from the competent medical authority ,“ the finance ministry said in a notification..

Similarly , the closure of account to seek funds for higher education will require the submission of documents and fee bills confirming the account-holder's admission in a recognised institution in India or abroad.

Rules and procedures for holders

PPF account to be closed if holder becomes NRI

October 30, 2017: The Times of India


HIGHLIGHTS

Government has notified that PPF accounts would be closed prior to maturity in case of holders changing their personal status to become NRIs

NRIs are not allowed in instruments like the National Savings Certificates, Public Provident Fund, Monthly Income Schemes and other time deposits offered by the post office

Amending rules on post office savings schemes like the National Savings Certificates (NSC) and Public Provident Fund (PPF), the government has notified that such accounts would be closed prior to maturity in case of holders changing their personal status to become non-resident Indians (NRIs).

The amended rules were notified in the official gazette earlier this month.

The amendment to the PPF Scheme, 1968, says: "If a resident who opened an account under this scheme, subsequently becomes a non-resident during the currency of the maturity period, the account shall be deemed to be closed with effect from the day he becomes non-resident".

The interest payable would be up to the date of the account closure, it said.

A separate notification on NSCs said in case of a similar change of status of the certificate holder before the maturity period, "the certificate will be encashed, or deemed to be encashed on the day he becomes non-resident" and interest will be paid accordingly.

NRIs are not allowed in instruments like the National Savings Certificates, Public Provident Fund, Monthly Income Schemes and other time deposits offered by the post office.

In September 2017, the government had retained the interest rate on Public Provident Fund for October-December unchanged at 7.8%, in line with the rates for small savings schemes.

Withdrawals

For housing, health

The Times of India, Apr 19 2016

PF withdrawal allowed for housing, health

The labour ministry eased the planned restriction on withdrawal of contribution to the employees' provident fund. It said withdrawal can be allowed for housing, major medical treatment for self and family members, medical, dental and engineering educa tion of children, and for their marriage.

The relaxation has also been extended to members who have joined an establishment belonging to or under the central or state government, and become a member of contributory provident fund or old age pension.

These norms will come into effect from August.

The amendments were made after labour minister Bandaru Dattatreya received representations from trade unions. A government release said the ministry had decided to pay the full accumulations to the credit of a member, including interest up to the date of payment, if he or she fulfils any of the above-mentioned conditions. In February , the ministry had said PF subscribers would not be able to withdraw their provident fund after attaining the age of 54 years, and will have to wait till they are 58 years old.

See also

Pensions and retirement: India Provident Fund: India

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