Legal Question in Employment Law in India

Information - P.F. Act,

Dear Sir,

I would like to know whether “ any foreign national ( who belongs to other nation and having work experience in U.S presently joining in our company as an employee) on assuming employment in our company – Private Limited company on permanent basis, will our company can apply P.F. Act & deduct Provident Fund to an employee ( foreign national ) like any other employee and if so, please provide us the concerned provision of law or any citation/judgment reg. applicability of the Act to an employee (foreign national) in this aspect”

U/s.2 (f) the term “employee” has been defined under the Provident Fund Act and the term “Person” has not defined under the Act and that’s why, we request you to state the present position of law in this aspect. Expecting your co-operation in this regard.

Awaiting your reply at the earliest.

M.Mahesh, Chennai


Asked on 8/13/07, 1:13 am

2 Answers from Attorneys

Re: Information - P.F. Act,

P.F Act is also applicable on foreign national.Person means any individual and it does not differentiate between Indian national or foreign national.Consult any legal dictionary and also Supreme Court on word & phrases topic.

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Answered on 8/13/07, 1:44 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Information - P.F. Act,

yes it is applicable to foreign applicable

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Answered on 8/13/07, 1:55 pm


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