FAQ's - The Employee's Provident Funds and Miscellaneous Provisions Act, 1952
1. What is the process for contributing more than statutory contribution limit under EPF ?
Under the EPF Scheme 1952, contribution on wages higher than the statutory wage limit is dealt under Para 26(6). As per this Para, for provident fund contribution on higher wages, joint option of employee and employer is to be submitted and the same is required to be accepted by EPFO.
2. What is the eligibility for Employee pension? – Wages
• Employees with Monthly Salary ₹ 15,000 or Less: If your basic salary plus dearness allowance (DA) at the time of joining the Employees’ Provident Fund (EPF) scheme is ₹ 15,000 per month or less, you are automatically enrolled in the EPS. This applies to all new EPF members since September 1, 2014.
• Existing EPS Members: If you were already a member of the EPS before September 1, 2014, you can continue contributing to the scheme even if your salary exceeds ₹ 15,000.
3. What is the process for getting a higher pension?
The EPFO issued a circular on December 29, 2022, detailing the eligibility criteria and application procedure for the higher pension scheme. The circular also extended the deadline for submitting the higher pension application or joint option form to July 11, 2023.
The higher pension scheme is applicable to the following EPF subscribers:
• Those who were members of the EPS-95 scheme or joined the EPF scheme before September 1, 2014.
• Those who have contributed to the EPS on a higher salary than the statutory wage ceiling of ₹5,000, ₹6,500, or ₹15,000, as applicable, at any time.
• Those who have not retired or superannuated before November 4, 2022.
• Those who have not settled their EPF or EPS claims before November 4, 2022.
4. Do a divorced wife is eligible for getting benefits of PF? If yes what and all ?
The divorced wife is not eligible to claim the provident fund benefits unless she has custody of a child. In that case, the child has the right to claim the PF benefits until the age of 25.
5. Change of Phone number in aadhar and no change in PF portal . how to get OTP ?
If you are unable to receive an OTP for login due to a change in your phone number in Aadhaar records, you will need to update your phone number in EPFO records as well. This can be done through a joint declaration with the help of your employer.
6. Differnce in DOB between PF portal & Aadhar - How to activate the UAN ?
If the EPFO portal indicates that the date of birth (DOB) does not match the Aadhaar records while activating the UAN, visit your respective EPFO o ice. Verify that the DOB in both the EPFO and Aadhaar records is the same. If there is a discrepancy in the EPFO records, you can correct it through a joint declaration with the assistance of your employer.
7. What are regulation on PF towards Contract employee ?
According to Paragraph 30(3) of the EPF Scheme, 1952, the Principal employer is responsible for paying both their own contributions for directly employed workers and those employed through a contractor, as well as the administrative charges.
8. What is Employer PF admin charges ?
Admin charges refer to the administrative fees imposed by the Employees’ Provident Fund Organization (EPFO) in India. These charges are levied on employers to cover the administrative expenses incurred by the EPFO in managing the EPF scheme. Currently, the admin charges are 0.50% of the PF wage. The minimum monthly fee is Rs. 75 for businesses with no contributing members, and Rs. 500 for all other businesses.
9. What is EDLI ?
The Employees Deposit Linked Insurance Scheme (EDLI) requires employers to contribute a portion of the employee’s basic salary to a collective fund. This fund is used to provide a lump sum payment to the employee’s nominee in the event of the employee’s death while employed. Managed by the Employees Provident Fund Organization (EPFO), the EDLI scheme includes all employees who are part of the Employees Provident Fund (EPF) scheme. Employees do not need to make any contributions to the EDLI scheme. Employers contribute 0.5% of the employee’s basic salary, up to a maximum of ₹75 per month, to the EDLI scheme. This account offers insurance benefits to the employee’s nominee in case of death during employment.
10. what are Powers of inspectors ?
As per section 13 Inspectors under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) have several important powers to ensure compliance with the Act. Here are some key powers:
• Entry and Inspection: Inspectors can enter and inspect any premises of an establishment at any reasonable time to ensure compliance with the Act.
• Examination of Documents: They can examine and make copies of any accounts, books, registers, and other documents related to the employment of persons or the payment of wages.
• Inquiry and Examination: Inspectors can inquire into the correctness of any information furnished in connection with the Act and examine any person found in charge of the establishment.
• Seizure of Documents: If they believe an o ence has been committed, they can seize relevant documents.
• Requiring Information: Inspectors can require employers or contractors to furnish necessary information.
These powers help ensure that establishments comply with the provisions of the EPF Act, protecting the rights and benefits of employees.
11. What are consequences in late remittances ?
employers defaulting on paying EPF contributions to their employees are liable to pay damages and interest on the amount due. Employers are liable to pay damages under section 14B of the Employee’s Provident Funds and Miscellaneous Provisions Act for defaulting on EPF contributions. Under section 7Q of the Act, employers are liable to pay a higher interest rate on the amount due. The EPFO notified the rate of damages the employer should pay for the delay in payment of EPF contributions, which are as follows:
Period of default | Rate of damages (per annum) |
---|---|
Less than 2 months | 5% |
2-4 months | 10% |
4-6 months | 15% |
More than 6 months | 25% |
12. What are penal damages for not complying EPF ?
According to Section 14 (2A) of the EPF Act, anyone who violates or fails to comply with any provision of this Act or any condition, where no other penalty is specified, shall be punishable with imprisonment for a term ranging from one to six months, and may also be fined up to five thousand rupees.
13. What are the Mandatory records that needed to maintained by employer under EPF ?
Form 5 - EPF Form 5 has to be filled by the employer to submit details of all new employees joining the organization who are eligible for EPF for the first time. This form has to be submitted by 15th of every month. In case there is no new joiner, the employer has to mention “NIL” in the form.
Form 10 - Form 10 is a monthly return that needs to be submitted by the employer to the Employees’ Provident Fund Organization (EPFO). This form contains the details of newly eligible employees who have joined the organization in the previous month. The employer must submit this return within 15 days of the following month.
14. What is voluntary PF coverage ?
The Voluntary Provident Fund, or VPF, is an optional savings plan that employed individuals can contribute to in addition to the mandatory Employee Provident Fund (EPF). This scheme o ers noteworthy advantages, as it is supported by the government, ensuring security with low risks.
15. what is the minimum Head count for VPF coverage ?
Employees in the organised sector can opt for a Voluntary Provident Fund (VPF). The Employees’ Provident Fund (EPF) is compulsory for companies with over 20 employees. Thus, to have a VPF, one must be employed by an EPF-registered organisation. Companies with fewer than 20 employees may also set up EPF accounts, but this decision lies with the employer. If the employer decides to provide EPF accounts, then employees can establish a VPF.
16. Voluntary provident fund contribution - upto what limit it can be contributed?
Under the VPF, an employee is allowed to contribute up to 100% of their basic salary and dearness allowance, offering high flexibility. Contributions to VPF accounts are eligible for tax deductions under Section 80C of the Income Tax Act, 1951.