Know The Law

What is Employee Provident Fund?

The Employee Provident Fund (EPF) is like a financial superhero that swoops into rescue employees with a robust savings plan. It's a magical pool of money that grows silently, steadily, and securely, ensuring a bright future for hardworking individuals.

Every time you get paid, a part of your earnings goes into this EPF, which will grow and give you a lot of money when you need it.

So let’s take a look at how the Employee Provident Fund works and how to keep a check on it.

Definition of Employee Provident Fund (EPF)

An Employee Provident Fund (EPF) is a retirement savings scheme that exists in several countries, including India. It is a government-sponsored program designed to provide financial security to employees after their retirement.

In the case of India, the EPF is officially known as the Employees' Provident Fund and is administered by the Employees' Provident Fund Organization (EPFO), a statutory body under the Ministry of Labour and Employment.

The EPF scheme requires both employees and employers to make regular contributions to a dedicated fund. The contributions are calculated as a percentage of the employee's salary and are deposited into the fund.

The EPF contributions accumulate over time, and the funds are managed and invested by the EPFO. The accumulated amount, including the contributions and any accrued interest, is paid out to the employee upon retirement or can be withdrawn in certain circumstances like resignation, job loss, or critical illness.

The EPF aims to promote long-term savings and provide employees with a financial cushion during their retirement years.

What are the Eligibility Criteria for an Employee?

Every employed individual residing in India is required to participate in the employee provident fund scheme. Membership in this scheme begins from the very first day of joining any job. Once an employee becomes a member, they are entitled to receive provident fund benefits, as well as insurance and pension benefits.

It is obligatory for employees earning a salary of Rs. 15,000 or more to enroll in this scheme. However, employees with lower wages have the option to voluntarily apply for membership. The employee's contribution to the scheme is a minimum of 12% of their salary, although they have the choice to contribute more if they wish.

What are the Eligibility Criteria for the Employer?

EPF registration is mandatory for establishments that fulfill the following conditions:

  • Factories operating in industries with a workforce of 20 or more employees.
  • Other establishments with 20 or more employees or specific types of establishments as specified by the central government through an official notification.

Employers are required to complete EPF registration within one month of hiring twenty employees to avoid penalties. Similarly, if the employee count in a registered organization falls below the minimum threshold, it still falls within the scope of the Act's provisions.

The Central Government may enforce mandatory registration for organizations with fewer than 20 employees after providing a two-month notice.

Certain organizations with less than 20 employees may also opt for voluntary EPF registration.

What are the Features of the Employee Provident Fund?

The Employee Provident Fund (EPF) has several features that make it a valuable savings scheme for employees. These are a few notable attributes it possesses:

1. Mandatory Contribution

Both the employee and the employer are required to contribute a certain percentage of the employee's salary to the EPF. This ensures regular savings and builds a strong financial foundation over time.

2. Long-Term Savings

The EPF is designed to encourage long-term savings for retirement. The accumulated funds can only be withdrawn when certain conditions are met, such as reaching a specific age or retiring from employment.

3. Tax Benefits

Contributions made to the EPF are eligible for tax benefits. The amount contributed by the employee is deductible from their taxable income, reducing their overall tax liability.

4. Interest on Accumulated Funds

The EPF earns interest on the accumulated funds, which helps the savings grow over time. The interest rate is determined by the government or the EPF organization and is typically higher than regular bank savings accounts.

5. Portability

If an employee changes jobs, their EPF account can be transferred to the new employer. This ensures continuity of savings and avoids any disruption in the accumulation of funds.

6. Withdrawal for Special Purposes

While the EPF is primarily meant for retirement savings, there are provisions for partial withdrawals in specific situations such as medical emergencies, home purchases, education, or marriage.

7. Social Security Coverage

The EPF provides a form of social security by creating a financial safety net for employees. It offers financial stability during retirement and ensures that employees have a source of income even after their working years.

Overall, the EPF offers a structured and secure savings mechanism that promotes long-term financial well-being for employees. It combines mandatory contributions, tax benefits, interest earnings, and withdrawal options to create a comprehensive savings plan.

What is the Rule for PF Contribution?

The EPF requires a contribution from both the employer and the employee, with each party contributing 12% of the employee's monthly salary. 

Employees have the flexibility to voluntarily contribute more than 12% of their income, but the employer is not obligated to match that additional amount.

Types of Schemes Under the Act

1. The Employees' Provident Fund Scheme of 1952

The Employees' Provident Fund Scheme was established under the Act to offer post-retirement benefits to employees, or a specific group of employees, or their legal heirs in the event of their death. This scheme applies to employees working in establishments covered by this Act.

2. The Employees' Pension Scheme of 1995

The Employees' Pension Scheme was formulated under the Act to provide superannuation pension, retiring pension, or permanent total disablement pension to employees of any establishment or a specific class of establishments covered by this Act.

Additionally, it offers widow or widower's pension, children's pension, or orphan's pension to the beneficiaries of such employees.

3. The Employees' Deposit-linked Insurance Scheme of 1976

The Employees' Deposit-linked Insurance Scheme (EDLI Scheme) was introduced under the Act to provide insurance benefits to employees of an establishment or a specific class of establishments covered by this Act in the unfortunate event of their death while in service.

How to Register for the EPF Scheme?

To register as an employer for EPF, follow the steps outlined below:

Step 1: Company Registration for EPF

Visit the EPFO web portal and select the "Establishment Registration" option found on the homepage of the unified portal.

Step 2: Download the User Manual

Upon selecting the "Establishment Registration" option, you will be redirected to the following link: https://registration.shramsuvidha.gov.in/user/register. On this page, you will find a user manual that is essential to download. If you are new to this process, make sure to thoroughly read the manual before proceeding with the registration.

Step 3: Enrol in Unified Shram Suvidha Portal

Once you have thoroughly reviewed the user manual, sign up on the Unified Shram Suvidha Portal (USSP) of EPFO. Click on the "Establishment Registration" tab on the home page, which will direct you to the sign-up page of USSP. Go to the "Sign Up" tab and then click on it.

Upon clicking the "Sign Up" button, you will be prompted to provide your name, mobile number verification code, and email address. Please give all the necessary information to complete the account creation process.

Step 4: Complete the Registration Form

Log in to USSP and locate the "Registration for EPFO-ESIC v1.1" tab situated on the left side of the screen. Within this tab, choose the option labeled "Apply for New Registration" displayed on the right side of the screen.

When you select this option, two alternatives will be presented: "Employees' Provident Fund and Miscellaneous Provision Act 1952" and "Employees' State Insurance Act 1948."  As an employer, it is necessary to choose the option corresponding to the "Employees' Provident Fund and Miscellaneous Provision Act 1952" and proceed by clicking "Submit."

After clicking the "Submit" button, you will be presented with the "Registration Form for EPFO" page. Here, you need to input employment details, branch or division information, contact persons, establishment details, activities, and identifiers.

Step 5: Uploading the Digital Signature Certificate (DSC)

Once you have filled out the registration form and attached all the necessary documents, you must upload and affix the employer's Digital Signature Certificate (DSC) to the form.

Upon successfully uploading the DSC, the Unified Shram Suvidha Platform will email you to confirm the completion of the EPF registration process.

What are the Income Tax Rules for EPF?

Withdrawals from the EPF are generally not subject to tax, and there are tax exemptions for donations and interest payments. However, in specific circumstances, the EPF can be subject to taxation. These circumstances include:

  • If the employer's contribution to the Employees' Provident Fund exceeds Rs. 7.5 Lakhs in a financial year, taxation applies.
  • Taxation on the interest earned from surplus payments made by the employee to the EPF account exceeding Rs. 2.5 Lakhs in a fiscal year.
  • For government employees without employer contributions to their EPF accounts, the interest earned is tax-free up to a maximum of Rs. 5 Lakhs per fiscal year.
  • Employees are liable to pay tax on the interest received from dormant EPF accounts.
  • Withdrawals from the EPF account are generally tax-free, except for withdrawals made before completing five consecutive years of employment. In such cases, a 10% TDS (Tax Deducted at Source) is applied to withdrawal amounts exceeding Rs. 50,000. However, withdrawals may be exempted in cases of poor health, business closure, or other unavoidable circumstances.

It is important to note that these taxation rules apply to the EPF in India and may be subject to change based on prevailing tax regulations.

Conclusion

The Employee Provident Fund (EPF) is a government-mandated savings scheme designed to secure the financial well-being of employees. It functions as a long-term savings plan, requiring both the employee and the employer to contribute a portion of the employee's salary to the fund. With its focus on retirement savings, tax benefits, interest earnings, and portability, the EPF serves as a vital tool for individuals to build a strong financial foundation and ensure a more secure future.