EPF & ESI registration

EPF & ESI Registration in Patna Bihar, EPF & ESI Registration Office in Patna Bihar, EPF & ESI Registration Consultant in Patna Bihar,Company Registration in Patna , Service Tax Registration in Patna Bihar

 EPF & ESI Registration in Patna Bihar, EPF & ESI Registration Office in Patna Bihar, EPF & ESI Registration Consultant in Patna Bihar,Company Registration in Patna , Service Tax Registration in Patna Bihar

Growing businesses have, amongst other things, growing regulatory requirements to comply with. One such compulsory regulation is that of provident fund for employees under the Employees’ Provident Fund Scheme (EPS) 1952. This Act was enacted by Parliament in order to provide financial security and stability to employees in an event that the employee is temporarily or no longer fit to work or at retirement. Employee Provident Fund (EPF) is implemented by the Employees Provident Fund Organization (EPFO) of India.Let us see what stipulations have the law laid down for business owners/employers to follow so as to comply with the provisions of the EPFO:

What is Employee Provident Fund?

This is a fund created and managed by a Central Government Trust where employers and employees contribute specified amounts every month during the employment tenure of the employee. The contribution attracts an interest payable by the EPFO. Provident Fund accout helps employees to take care of their various needs like:

�Retirement
�Medical
�Housing
�Family obligations like marriage etc.
�Children’s education
�Financing of insurance policies

Who should take PF registration?

Voluntarily – Any employer employing less than 20 people can voluntarily opt for PF registration. This is done to implement better employee benefits and retention and also help protect employee’s interests.

Mandatorily- Establishments employing 20 or more persons and engaged in any of the 180 industries / Classes of Businesses specified.

Co-operative Societies, employing 50 or more persons & working without the aid of power.
?Establishments not coverable statutorily can come under the coverage of the Act statutorily.

?An establishment continues to be covered under the Act, irrespective of the fall in the employment strength.

PF in a nutshell:

?Applicable if you hire 20 and more employees. Voluntary registration available for lower strengths.

?Allowed as valid expense for employers. For employees the contribution is exempted for calculating taxable salary.
?Monthly returns need to be filed.
?Not applicable in the state of Jammu & Kashmir

Applicability:

� Any business/establishment with 20 or more employees working in any one of the 180+ industries (given here) should register with EPFO.

� 12% of the Basic, DA, and cash value of food allowances have to be contributed by the employer and employee each to the EPF account of the employee. The rate of contribution is 10% in the case of following establishments:
o Any covered establishment with less than 20 employees, for establishments cover prior to 22.9.97.

o Any sick industrial company or company with accumulated losses equal to or exceeding its entire net worth.
� Pay administrative charges at 1.10% of emoluments

� For exempted companies under P.F. Scheme, an employer is liable to pay only inspection charges @ of 0.18% of emoluments.

Directives to Employer’s:

� Enrol under EPS all categories of employees including employees engaged by contractors and piece-rated, hourly-rated employees
� Remit the contributions and administrative charges to the EPFO Office in your city before the 15th of the following month.
� File the timely returns in prescribed forms:
o Initial � Form 9, Form 3(P.S.), Form 5A.
o Monthly � Form 12A, Form 5, Form 10 and Challans for remitting the dues.
o Annual � Form 3A and 6A after reconciliation with Challans and form 12A.
o Duly attested Form No.2 and the claims forms submitted by the employee/ legal heirs/ nominees.
� Make available all relevant records for inspection of visiting officials

Delay Charges:

In case of delayed remittances of contributions, administrative / inspection charges by an employer, he has to pay both interest and damages for the period of delay.

� Interest is payable @ 12% on the amount of remittance due
� Damages are payable as penalty from 17% to 37% p.a. depending upon delay.

 

When is an Employer Exempt?

� When an employee or class of employees get Provident Fund benefits on par with or better than statutory provisions � Exemption should be applied for in Form 1 under Para 27 of EPS

� The employer can seek exemption from P.F. Scheme for the entire establishment if the majority of the employees also consent for exemption, subject to certain conditions governing grant of exemption and certain formalities.

Eligibility

An employee at the time of joining the employment and getting wages up to Rs. 6,500/- is required to become a member. In this act, Wages means and includes Basic + Dearness Allowances, Cash value of food concession and retaining allowances, if any. He/she is eligible for membership of fund from the very first date of joining a covered establishment.

Employee Contribution

Provident fund contribution is recovered @ 12% of wages from employees who earn up to a maximum wage of Rs.15,000/- p.m. However, employees can contribute more than this statutory maximum which
will be considered as Voluntary Contribution.

Voluntary Contribution

An employee can contribute voluntarily over and above the stipulated rate of PF contribution by opting for Voluntary PF scheme at any rate as he she desires i.e up to 100% of Wages.
– However, the contribution to VPF should be a certain % of wages and not a fixed amount.
– But the employer is not bound to contribute at the enhanced rate.
– It is suggested that the enhancement can be done at the beginning of the financial year for comfort level of calculation.

Employer Contribution

– Employer is also required to contribute towards provident fund; the deduction rate is same as employee’s contribution i.e. 12% of the wages.
– Of this 12%, 3.67% goes to Provident Fund and the balance of 8.33% goes to Pension Fund.
The employer is required to pay the contribution recovered from employees into the provident fund account on or before 15th of the following month, for example, if the contribution is deducted for the month of October 2008, it should be remitted on or before 15th of November 2008.

Procedure for PF registration
The following forms are to be filed online for registering the establishment:

  1. A Detailed Application for termed as “ Performa for coverage”
  2. Form 5 A with Annexure I

After application is filed online, a temporary pf registration number is generated and employer has to submit all concerning documents along with acknowledgement of online filing to regional PF office. After submission of documents, the PF Authorities carry out a physical inspection of the premises and verify all original documents. On satisfaction, the business is granted with a PF allotment letter.

Information required for filling up forms

  1. Name of The Company
  2. Postal Address, Telephone No and Email Address
  3. Details of Director/ Managing Director/ Partners � Address, Ph. No, email ID
  4. Details of Authorized Signatory (in case whose is signing in the place of Director)
  5. Nature and Date of Commencement of Business
  6. Date of Joining of Employees, Father Name, DOB
  7. Salary, PF Statement and Bank Account Details of the Company

Documents required for filling up the Forms

  1. Incorporation Certificate of Company in case of private limited company and Certificate of Registration of Firm in case of Partnership Firm.
  2. MOA & AOA in case of Private Limited Company and Partnership Deed in case of Partnership Firm.
  3. Rental Agreement/ Lease Agreement of Company
  4. Company/ Firm PAN Card
  5. Address Proof of Director/Partners � Lease / Rental Agreement
  6. ID Proof of Director/ Partners � Pan Card / Election Card/ Passport/ Driving License
  7. List of Directors/ Partners
  8. Registration copies with other Departments like. VAT, PT, Labour dept.
  9. First Invoice raised from the company/ Firm
  10. True copy of Board resolution empowering company representatives as Authorised signatories
  11. Cancelled Cheque-Copy

Once documents are filed the PF Authorities carry out a physical inspection of the premises and verify all original documents. On satisfaction, the business is granted with a PF allotment letter.

Withdrawal of Provident Fund and Pension Fund

  • A member is eligible to apply for withdrawing his provident fund and pension fund only after 2 months from the date of resignation, provided that he / she is not employed during the said 2 months.
  • The member should submit Form 19 to withdraw his provident fund dues on leaving service/retirement/termination.
  • To claim pension, the member is required to submit Form 10 C.
  • The member needs to fill in Forms 19 and 10C and get it signed from the previous employer and submit it to the provident fund office (in many cases, the employer will themselves help by submitting the forms).
  • Normally, it takes about 40 days to have the monies credited to the bank account of the member after submission of the relevant forms.

On many occasions, members face problems in withdrawing the provident fund monies. Some of the normal reasons for the problems are quoted here below:

  • Mismatch of Signature of the employer/ Member
  • Mismatch of Signature of the member
  • Mismatch of Provident Fund Account number of the member
  • Incorrect bank account details furnished by the member
  • Incorrect address given by member
  • Mismatch of date of joining / resignation
  • Communication from PF department while processing the request would not have reached the employer
  • Failure of employer to remit the PF amount recovered from members to PF Account
  • Member might have changed his / her official name and the same has not been informed to the provident fund office
  • Change in Authorised Signatory of the employer when the application is in process

Transfer of Provident Fund monies from previous employer to current employer

A resigned employee who joins another company is left with an option of transferring the PF monies from his previous PF account to the current PF account, by filling the Form 13.
Form 13

  • When an employee joins new company and he wishes to transfer his previous company provident fund amount, he should inform the HR department or Accounts department of the new company.
  • The employer will issue Form 13, in which the member has to fill the details of previous company like � name, address, provident fund account number and address of the provident fund office where the account was held.
  • On form 13, the signature of the previous employer is not required.
  • Once he fills the required details and submit it to the current employer, the current employer will forward it to the provident fund office for transferring process.
  • The time taken for transferring the fund from one account to other account normally takes about 40 days from date of submission.

Problem during Transfer of Monies
In the case of transfer and when the previous employer is an exempt establishment (which means, having own PF trust), the procedures is that the current employer should forward the transfer form (Form 13) to the previous employer who will process a cheque (after validation) in favour of PF office of the current employer and it will be sent to the current employer. It becomes the responsibility of the current employer to submit the cheque along with a request letter to the PF office for transferring the monies. Here, the normal problems that might occur are:

  • Previous employer might have changed their address
  • Documents lost in transit / do not reach the concerned department
  • Delay in processing the application for reasons like tedious internal processing procedures, processing person is on vacation / busy on some other assignments, signatory not available etc.

Advances from PF Account

The members are eligible to withdraw monies as advances from their PF Account for purposes like marriage, education, medical treatment etc, subject to the prescribed conditions as mentioned here below. Note that the said advance is totally tax-free and interest-free.

 

ESI registration in India

A business entity needs to procure, few of the registrations as per various state and central laws, depending upon the eligibility threshold provided under each act.

One of the essential registrations, subject to Employees’ State Insurance Act, 1948 (ESI Act), is employee state insurance registration.

Employees’ State Insurance Scheme of India, is an integrated social security scheme aimed at providing social protection to workers in the organized sector and their dependants in any contingencies related to health due to an employment injury or occupational disease. The scheme tailored to provides full medical facilities to insured persons and their dependants, as well as, cash benefits to compensate for loss of wages or earning capacity in different contingencies. Some of the provisions are as under �

I.� Applicability:

Any business employing more than 10 people shall be required to mandatorily procure the registration under the ESI Act.

There has been amendment in the definition of ‘Factory’ and the previous categorization of 10 employees with power and 20 without power, has been omitted. Any establishment employing more than 10 people is required to get registration mandatorily.

II.Contribution:

The ESI Scheme is mainly financed by contributions raised from employees covered under the scheme and their employers, as a fixed percentage of wages. The rates of contribution are:

A Employees’ Contribution 1.75% of Total Wages
B Employers’� Contribution 4.75% of Total Wages

In a situation where all employees are drawing above Rs. 15,000/-, you still need registration, we file a letter that there are no employees who draw a gross salary lesser than Rs. 15,000 per month and therefore no contribution, filing of returns etc. is still required. Therefore ESI registration is purely from a compliance perspective.

III. Collection of Contribution

An employer is liable to pay his contribution in respect of every employee and deduct employees’ contribution from wages bill and shall pay these contributions at the above specified rates to the Corporation within 21 days of the last day of the Calendar month in which the contributions fall due. The Corporation has authorized designated branches of the State Bank of India and some other banks to receive the payments on its behalf.

IV. Wage Limit:

The existing wage-limit for coverage under the Act, is Rs.15,000/- per month (w.ef. 01/05/2010) That is, all employees earning up to Rs. 15,000 per month are applicable for ESI Contribution. Employees earning Rs. 15,001 per month and above are exempted from ESI Contribution.

The wage ceiling for coverage of an employee with ‘disability’ is Rs. 25,000/- per month (w.e.f. 1/April/2008).

V.� Penal Provisions for Delay in payment of contribution:

Period of Delay Rate of Damages (%):
Less than 2 months 5%
2 to 4 months 10%
4 to 6 months 15%
6 months and above 25%


VI. Maintenance of Records:

In addition to the Muster roll, wage record, and books of Account maintained under other laws, the employer is required to maintain the following registers for ESI:

1. Employees’ Register in new Form 6

2. Accident Register in new Form -11 and

3. An inspection Book.

The immediate employer is also required to maintain the Employee’s Register for the employees deployed to the principal employer (if any).

VII. ESI Registration Procedure:

Registration of an Employer:

The Factory or Establishment to which the Act is applicable is to be registered within 15 days by submitting an Employer’s Registration Form (Form-01) to the concerned Regional Office and obtain an identification number called the Code number which is to be used in all the Correspondence relating to the Scheme. The Form 1 should be accompanied by a Form 3 (Return on Declaration).

Documents Attached with Form 1:

a)��Documents relating to the constitution of the Factory/Firm/Establishment,

b) �Evidence in support of the date of commencement of production/business/first sale,

c)�� List of partners/ Directors with their addresses,

d)��Copy of the PAN

e)��Address proof like pass port/voter identity card, month wise employment position etc. are the essential documents.

Registration for Employee:

At the time of joining the insurable employment, an employee is required to fill in a

Declaration Form (Form1) and submit a family photo in duplicate to the employer, which is to be submitted to the ESI Branch Office by his employer.

The employee is then allotted an insurance number for the purpose of his identification under the scheme and issued a temporary identity card for availing medical benefit for self and family for a period of three months.

Thereafter, he is provided with a permanent photo identity card. A person once registered need not register again in case of change of employment. The same registration can be transferred from one place to the other.

Registration fees:

There are NO Registration fees applicable for Employees’ State Insurance Scheme.

Time limit for Registrations:

The entire process takes about 30 days.

VIII. Recent Amendments:

There have been quite a few amendments post ESI Amendment Act, 2010, some of them summed as below:

?The definition of ‘dependent’: now includes “widow, a legitimate or adopted son who has not attained the age of twenty-five years, an unmarried legitimate or adopted daughter.

?Definition of Employee: includes any person employed for wages,

a)���Directly employed by principal employer

b)��Employed by or through immediate employer or under the supervision of principal employer or his agent.

c)���Whose services are temporarily lent or let on hire to the principal employer and contract of service has been entered into.

d)���Apprentices engaged under Apprentice Act, 1961 and includes apprentices whose training period has been extended to any length of time.

?Definition of Family: It has been amended to include “dependant parents, whose income from all sources does not exceed such income as may be prescribed by the Central Government” and “a minor brother or sister wholly dependent upon the earnings of the insured person”, provided parents are not alive and insured is unmarried.

?Definition of Factory: It now states “means any premises including the precincts thereof whereon ten or more persons are employed or were employed on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952), or a railway running shed”.

����������������������������� ��������������������Thus the definition has now deleted the segregation on basis of number of employees in premises which uses power and without aid of power. Now it is just 10 employees, employed in a previous year.

?Social Security Officers: The Inspector(s), appointed under ESI Act, shall now be referred to as Social Security Officers.

?Section 51E: Insertion of new section, which states: “An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established”.

Documents/Information Required for EPF & ESI Registration are as follows:

or,

Checklists for Epf & ESI Registration are as follows:

ESIC REGISTRATIONEPF REGISTRATION

1. Copy of PAN Card
2. 1st Sales Bill / Service Bill
3. Lease Deed / Rental Agreement
4. Partnership Deed / MOA and AOA
5. Copy of Telephone Bills / EB Bills
6. Copy of TNVAT / CST Certificate
7. Any proof of Trial Product / Work order
8. Resisted in Contracts Act – Copy of Registration Certificate
9. Statement showing Employee Strength from Date of
Starting the Business with Date of Joining
10. List of Partners / Directors
11. Copy of P&L and Balance Sheet last 3 years
12. Details of Bank Account details

������ 13. Nomination form in Form 2

1. Copy of PAN Card
2. 1st Sales Bill / Service Bill
3. Lease Deed / Rental Agreement
4. Partnership Deed / MOA and AOA
5. Copy of Telephone Bills / EB Bills
6. Copy of TNVAT / CST Certificate
7. Any proof of Trial Product / Work order
8. Resisted in Contracts Act – Copy of Registration Certificate
9. Statement showing Employee Strength from Date of���
Starting the Business with Date of Joining
10. List of Partners / Directors
11. Copy of P&L and Balance Sheet last 3 years
12. Details of Bank Account details
13. Form 5A
14. Form 13 performance of coverage

������ 15. Scan Copy of Crossed Cheque

NOTE :

Please Use Resources – List of Documents Required Tab tab to know more about documents required for registration at current date.