Background
The Government of India [GOI] had amended the Provident Fund regulations in October 2008 introducing the concept of International Worker (IW) and to include foreign nationals working in a covered establishment within its ambit. Further, Indian passport holders travelling to a country with which India had an effective social security agreement [SSA] were to be tagged as IWs as well and covered by the amended regulations.
This caused concerns to outbound employees travelling to SSA countries since IWs
were subjected to tighter withdrawal norms [withdrawal on retirement after 58 years],
had to contribute higher amounts to the pension fund [8.33% of pay to be diverted to pension],
were not eligible to opt out of the scheme where their salary was higher than the prescribed limit [INR6,500 per month].
From an employer perspective, it presented a huge challenge to convince the employees to travel to SSA countries and accept the IW tag since it was perceived as a disadvantage as compared to domestic workers.
Representations were made to the Ministry of Overseas Indian Affairs(MOIA) and the Employees’ Provident Fund Organization [EPFO] through NASSCOM, highlighting the concerns of outbound assignees/companies deputing such employees. The EPFO has now issued a circular narrowing the definition of IW and clarifying other open issues. An updated FAQ has been issued as well.
Key highlights of the circular
The EPFO has clarified that category of IWs will comprise only those Indian employees who have contributed to the social security programme of a country having SSA with India and having gained or going to gain eligibility for benefits under the said SSA. Indian employees availing exemption from contributing in the host country by obtaining a certificate of coverage [COC] from India and contributing to the Indian social security system will not be covered under the definition of IW. However, it is mandatory for the individual to contribute to India PF as a member to avail the COC.
The EPFO has clarified that the components of salary to be included for PF computation are the same for both domestic employees and IWs. The only distinction will be the wage ceiling for the former.
In line with the reply given in Parliament by the Honourable Minister of Labour and Employment, the circular clarifies that the provision of inoperative accounts will not be applicable for IW accounts.
The circular provides that the totalization benefit provided for in an SSA is only to determine eligibility for monthly pension and not to compute the pension amount itself. Where the SSA speficially so provides, withdrawal benefit under the pension scheme would be available when eligibility criteria is not met after totalization. This may prove beneficial for an inbound employee covered by an SSA.
The updated FAQ reflects the clarifications provided in the circular.
Comments
The narrowing down of the IW definition provides a major relief to the Indian corporate sector having impacted outbound population. Given that outbounds to SSA countries availing the benefit of detachment would not be covered under the definition of IW, such employees would not be subject to tighter withdrawal norms and higher pension contributions. This should facilitate employers to plan their deputation programmes without any PF concerns.
Source : EPFO Circular No. IWU/7(17)2009 /2816 dated 25 May 2012 and FAQs updated on 25 May 2012
The Government of India [GOI] had amended the Provident Fund regulations in October 2008 introducing the concept of International Worker (IW) and to include foreign nationals working in a covered establishment within its ambit. Further, Indian passport holders travelling to a country with which India had an effective social security agreement [SSA] were to be tagged as IWs as well and covered by the amended regulations.
This caused concerns to outbound employees travelling to SSA countries since IWs
were subjected to tighter withdrawal norms [withdrawal on retirement after 58 years],
had to contribute higher amounts to the pension fund [8.33% of pay to be diverted to pension],
were not eligible to opt out of the scheme where their salary was higher than the prescribed limit [INR6,500 per month].
From an employer perspective, it presented a huge challenge to convince the employees to travel to SSA countries and accept the IW tag since it was perceived as a disadvantage as compared to domestic workers.
Representations were made to the Ministry of Overseas Indian Affairs(MOIA) and the Employees’ Provident Fund Organization [EPFO] through NASSCOM, highlighting the concerns of outbound assignees/companies deputing such employees. The EPFO has now issued a circular narrowing the definition of IW and clarifying other open issues. An updated FAQ has been issued as well.
Key highlights of the circular
The EPFO has clarified that category of IWs will comprise only those Indian employees who have contributed to the social security programme of a country having SSA with India and having gained or going to gain eligibility for benefits under the said SSA. Indian employees availing exemption from contributing in the host country by obtaining a certificate of coverage [COC] from India and contributing to the Indian social security system will not be covered under the definition of IW. However, it is mandatory for the individual to contribute to India PF as a member to avail the COC.
The EPFO has clarified that the components of salary to be included for PF computation are the same for both domestic employees and IWs. The only distinction will be the wage ceiling for the former.
In line with the reply given in Parliament by the Honourable Minister of Labour and Employment, the circular clarifies that the provision of inoperative accounts will not be applicable for IW accounts.
The circular provides that the totalization benefit provided for in an SSA is only to determine eligibility for monthly pension and not to compute the pension amount itself. Where the SSA speficially so provides, withdrawal benefit under the pension scheme would be available when eligibility criteria is not met after totalization. This may prove beneficial for an inbound employee covered by an SSA.
The updated FAQ reflects the clarifications provided in the circular.
Comments
The narrowing down of the IW definition provides a major relief to the Indian corporate sector having impacted outbound population. Given that outbounds to SSA countries availing the benefit of detachment would not be covered under the definition of IW, such employees would not be subject to tighter withdrawal norms and higher pension contributions. This should facilitate employers to plan their deputation programmes without any PF concerns.
Source : EPFO Circular No. IWU/7(17)2009 /2816 dated 25 May 2012 and FAQs updated on 25 May 2012
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