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Provident Fund FAQ's

ANS : Yes.

ANS : The Employees’ PF Organization will invoke penal provisions of the Act to recover the dues from the employer. Complaint can be lodged with Police under section-406/409 of IPC by the EPFO for action against such employers.

ANS : No. In the absence of wages & Employer no recovery can be affected. Any contribution by the member must be matched with employer’s share of contribution.

ANS : The Pension contribution is only a diversion from the employer’s share of Provident Fund. Hence no consent is required from the member and refusal does not arise.

ANS : Only in the case of resignation from service (not superannuation) a member has to wait for a period of two months for withdrawal of the PF amount.

ANS : He can approach the Regional P.F. Commissioner in charge of grievances; file a complaint on the website using the EPFiGMS feature in the section ‘FOR EMPLOYEES’. The url for the grievance page is http://epfigms.gov.in/ or he can appear before the Commissioner in the ‘Nidhi Apke Nikat’ program being conducted on 10th of every month.

ANS : On change in employment, the member should necessarily get his PF account transferred to his present establishment, duly submitting Form 13(R). A member can submit claim for transfer online using member interface at unified portal.

ANS : In case of change in employment whether a member can get his PF account transferred?

ANS : He can approach his employer failing which he can approach the Regional Provident Fund Commissioner of the nearest PF office.

ANS : A copy of Transfer Certificate (Annexure-K) issued to the transferee Regional P.F. Commissioner/P.F. Trust giving full details of the transfer can be requested from the EPF office.

ANS : No. But, non-refundable loans for housing are available.

ANS : No option.

ANS : Employee can be allowed to join the private PF Trust but the Trust has to take exemption from the EPF Scheme. He will however continue to be governed by the Pension and EDLI Schemes. All private trusts must obtain exemption from EPFO to enjoy Income Tax benefits.

ANS : Not permissible.

ESIC FAQ's

ANS : It is a comprehensive Social Security Scheme designed to accomplish the task of protecting the ‘employees’ in the organized sector against the hazards of sickness, maternity, disablement and death due to employment injury and to provide medical care to the insured employees and their families.

ANS : The scheme provides full medical care to the employee registered under the scheme during the period of his incapacity for restoration of his health and working capacity. It provides financial assistance to compensate the loss of his/her wages during the period of his abstention from work due to sickness, maternity, and employment injury. The scheme provides medical care to his/her family members also.

ANS :Medical benefit means the medical attendance and treatment to the insured persons covered under the Act and their families as and when needed. This is the only benefit provided in kind through the State Governments including Model Hospitals run by ESI Corporation (except in Delhi), and uniformly to all as per their requirement without linking it to their wages and contributions.

ANS : Through seeding “’On-line Aadhar Card and Card number” in respect of self and his/her family members, the employee would be able to get medical benefit across the country in any of the ESIC/ESIS dispensaries subject to entitlement. However, for getting this facility with ease, it is necessary to keep Form-105 duly filled up and signed by their employers

Gratuity Benefit FAQ's

ANS : After completing five years of continuous service with the same company, you are eligible to receive the gratuity benefit. Gratuity shall be payable to ‘you’ (employee) on the termination of your employment after rendering continuous service for not less than five years.

ANS : It is payable..

  • On Superannuation (or) Retirement.
  • On your Resignation (or) Termination.
  • On death or Disablement due to accident or disease.
  • On Retrenchment (or) Layoff.
  • VRS (Voluntary Retirement Scheme).

ANS : Temporary staff, contract workers etc., are all eligible (except ‘apprentice’) for the gratuity amount, as long as they are considered as employees of the organization.

ANS : Yes, you can give your nomination by filling Form “F” at the time of joining your company (during new joinee formalities). Employee can nominate one or more members of his/her family to receive the gratuity amount in the event of the death of the employee.

Maternity Benefit Act, 1961 FAQ's

ANS : Minimum 80 days she has to work during preceding 12 months for claiming the benefit.

ANS : The amount of benefits for the period preceding the date of her expected delivery shall be paid in advance and for the subsequent period shall be paid within 48 hours of production of such proof as may be prescribed.

ANS : We are required to refer the provision of Sections 6, 9 & 10 of the Act – As per Section 6 women are entitled for benefits of 26 weeks of which not more than 8 weeks shall precede the date of her expected delivery.

Section 9 : In case of miscarriage on production of such proof, be entitled to leave with wages for a period of 6 weeks immediately following the day of her miscarriage.

Section 10: Women will be entitled to the benefits in addition to the period of absence allowed u/s. 6 or as the case may be u/s. 9, to leave with wages at the rate of maternity benefit for a maximum period of one month

ANS : The Maternity Benefits Act is applicable to all mines, plantations, shops and establishments and factories. Mines, plantations, shop and establishments could be either in organised sector or unorganised sector.