Clarification on status of student-trainees of educational/technical institute recognized by a competent authority vis-a-vis the EPF&MP Act, 1952

Clarification on status of student-trainees of educational/technical institute recognized by a competent authority vis-a-vis the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952: EPFO

EPFO, HEAD OFFICE
MINISTRY OF LABOUR & EMPLOYMENT,
GOVERNMENT OF INDIA
BHAVISHYA NICHI BHAWAN, 14,
BHIKALJI CAMA PLACE, NEW DELHI 110066

File No Compliance/TrainingSchemesUnderStateGovt/2021-22/9503

Dated-26 07.2022
27 JUL 2022

To.

All ACCs/ACC(HQs),
Zonal Offices.

Subject: Clarification on status of student-trainees of educational/technical institute recognized by a competent authority vis-a-vis the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952- Regarding.

Ref. HO Circular No. Coord./40(5)2015/Misc./clarification/27308 dated 12.10.2015.

Sir/Madam.

The Central Government has initiated several programmes for skill-imparting and skill-development to enhance the employability of youths in India. In the light of these developments, several references were received from various stakeholders to issue further clarification to the Head Office circular dated 12.10.2015 (copy enclosed for ready reference).

2. Hence, following further clarification/guidelines are prescribed to decide about the status of a student-trainees under any scheme: –

a. The educational/technical institute/University and the academic course in which a student-trainee is enrolled shall be recognized by the competent authority.
b. “On-the-job-training” shall be an integral component of such course.
c. “On-the-job-training” shall not exceed period as may be specified in such course.
d. Incase a student-trainee does not complete the training within the specified time including the period of extension, if any, as may be specified in such course, s/he shall cease to be student- trainee.
e. The industry shall engage a student-trainees who are pursuing the course which are relevant to the industry.
f. The number of such student-trainee should not exceed such per cent. of the total workforce employed in the concerned factory/branch of an establishment as may be specified in a scheme or a similar scheme of the Central/State Government.
g. The engagement of student-trainees shall not be for a purpose other than as specified in such course/scheme.
h. The employer shall declare the details of such student-trainees in Electronic-challan-cum-returns (ECR) or furnish such details of student-trainees every month as may be directed by the Commissioner.

3. However, should a dispute arises regarding the eligibility of a person to become member of the Scheme, the same would be decided as per law

(This issues with the approval of CPFC)

Yours faithfully,

(Jag Mohan)
Additional Central PF Commissioner (HQ) ( Compliance)

Source: EPFO