Clarification on the Definition “International Worker”

Definition of “International Worker” as given in Para 83(2)(ja)(a) of EPF Scheme 1952 and Para 43A(1)(vii)(A) of EPS 1995

1. The Ministry of Labour and Employment has clarified the definition of “International Worker” pursuant to the fact that International workers after coming back to India are continues to be considered as International worker and PF deductions are made accordingly.

2. So, the clarification as provided by the ministry states that an Indian Employee will be regarded as an International Worker only when :

a) he has worked or is going to work in a foreign country with which India has entered into Social security agreement.

b) he is eligible to avail all benefits under the social security program of the said foreign country.

3. Hence, Indian Expatriate Employees who do not fulfil the aforesaid two conditions and who come back to India after having worked in a foreign country will fall under the definition of “employee” section 2(f) of the EPF & MP Act and not under the definition of “International Worker” under para 83(2)(ja)(a) of EPF Scheme 1952.

June 20th, 2017