Term “Employee” under Employees’ Provident Funds & Miscellaneous Provisions Act

Section 2(f) of the Employees’ Provident Funds & Miscellaneous Provisions Act which reads as under:

2(f) Employee means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of an establishment, and who gets, his wages directly or indirectly from the employer, and includes any person –

(i) employed by or through a contractor in or in connection with the work of the establishment;                                                                              

(ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961, or under the standing orders of the establishment.

The above definition is only illustrative but not exhaustive since it has to be read in conjunction with the Employees' Provident Fund Scheme with its clause 2(f) in addition to paragraphs 26, 33, 82 of Act.

In view of the above, any person, irrespective of his/her age, who is appointed in an establishment as covered by the Employees’ Provident Funds & MP Act on the salary below Rs.15,000 per month, is liable to be covered under the Employees’ Provident Funds Scheme on the first day of his/her joining.

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