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EPFO issues guidelines/clarification on absence of employer-employee relationship of student-trainees under EPF Act.

August 1, 2022

The EPFO had issued a circular dated 12.10.2015 stating that there is no employer employee relationship between a student trainee and the industry.

 

The EPFO has issued the following guidelines in the matter vide circular dated 27.7.22:

 

a. The educational/technical institute/University and the academic course in which a studenttrainee 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. In case 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 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-cumreturns (ECR) or furnish such details of student-trainees every month as may be directed by the Commissioner.

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