The Indian Ministry of Labour and Employment has issued an important notification dated 1 October, through which international workers will be required to contribute 24% of their salaries into the social security schemes (including a pension scheme) managed by the Indian Employees Provident Fund Organization (EPFO).
The notification introduces the Employees’ Provident Funds (Third Amendment) Scheme, 2008, and the Employees’ Pension (Third Amendment) Scheme, 2008, defining an “international worker” as a) an Indian employee who has worked, or will work in a foreign country with which India has entered into a social security agreement (SSA), and is eligible to obtain benefits under a social security programme of that country or b) an employee who is not Indian, holding a non-Indian passport, and working for an Indian establishment to which the Employees Provident Fund and Miscellaneous Provisions Act, 1952, applies.
Pursuant to this notification, all international workers, other than employees excluded from this definition, are required to contribute to the EPFO.
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The legislative and regulatory update is compiled by Nishith Desai Associates, a Mumbai-based law firm that provides legal and tax counselling. The authors can be contacted at nishith@nishithdesai.com. Readers should not act on the basis of this information without seeking professional legal advice.
