EPF Act Gives Lifetime Security To Construction Workers, More Adaptable In Dynamic Labour Markets Like Kerala: Regional PF Commissioner

Emphasizing on the benefits offered by the Employees' Provident Fund Act, the Regional Provident Fund Commissioner Kochi (Kerala) ruled that EPF Act is far more resilient than the Building and Construction Workers Act, as the former can adapt to evolving nature of employment and can provide better and lifetime protection to workers. The authority was hearing a construction company's plea seeking application of the Buildings and Other Construction Workers (Regulation of employment and Conditions of Service) Act, 1996 (BOCW Act) rather than the earlier Employees' Provident Funds and Miscellaneous Provisions Act of 1952 (EPF Act) on the ground that the benefits provided under BOCW act and relevant rules are far greater for construction workers than those provided under EPF Act specially in an unorganised sector. It was argued that under BOCW Act an amount of not less than 1% of the cost of construction incurred by the employer is to be remitted as a cess which is distributed to the members of Act 1996. The funds are being accumulated under the fund maintained by the authority under the Cess Act and an amount of Rs. 1600- is paid as pension every month.The petitioner argued that 1996 Act is more beneficial considering that most construction workers are casual labourers who work at different sites within the same month. Many of these workers are migrant labourers who return to their hometowns after completing a project. Under the BOC scheme, contributions can be withdrawn after the age of 58. However, since migrant workers contribute only until their contract ends, their participation is not continuous, unlike the contributory nature of the EPF Act.BOCW admirable legislation but EPF far more resilientAfter hearing the arguments from all parties and stakeholders the Regional Provident Fund Commissioner Kochi (Kerala) & UT of Lakshadweep Uttam Prakash in his order observed:"While the BOCW admirably targets the immediate welfare needs of one of the most vulnerable segments of India's workforce, it is increasingly evident that its benefits, though essential, are short- term, uniform, and administratively constrained. Despite its noble intent, the lack of transparency, inconsistent disbursal, and procedural rigidity diminishes its effectiveness, especially in dynamic labour markets like Kerala. In contrast, the EPF through its contributory, account-linked, and tech-enabled framework, offers a far more resilient, scalable, and sustainable approach to worker's protection and interests. The early enrolment advantage, portability across employers and states, digitally verifiable contributions, and proportionate, need- responsive benefits mark it out as a system designed not just for immediate aid but for lifetime security and beyond. The EPFO's pension and insurance arms, coupled with its structured governance and unified enforcement mechanisms, further strengthen its capacity to adapt to the evolving nature of employment, including transitions from informal to formal sectors". EPF more resilient aims at lifetime securityThe authority however said that in contrast, the EPF through its contributory, account-linked, and tech-enabled framework, offers a "far more resilient, scalable, and sustainable approach to worker's protection and interests". It said that the early enrolment advantage, portability across employers and states, digitally verifiable contributions, and proportionate, need-responsive benefits mark it out as a system designed not just for immediate aid but for lifetime security and beyond.It further said that EPFO's pension and insurance arms, coupled with its structured governance and unified enforcement mechanisms, further strengthen its capacity to adapt to the evolving nature of employment, including transitions from informal to formal sectors.EPF aligns better with Article 41 mandate, international labour standards"Among both the frameworks the EPF framework aligns better with constitutional mandates under Article 41 (Right to Work and Public Assistance) and international labour standards equating benefits to entitlement a key distinction that are better enforceable under judicial review. Case law trends increasingly favour structured statutory frameworks like EPFO, especially where accountability and service delivery are provable through digital footprints and statutory guarantees. Based on the principles of adaptability, transparency, and empowerment, the EPFO framework stands at a firmer ground that can protect the dignity of labour today and ensure a retirement with dignity tomorrow," the authority said. The Commissioner thereafter ordered the construction company–M/s Veegaland Developers Private Limited to "continue to comply" with the provisions of EPF & MP Act whose schemes are beneficial as compared to the rules framed by Kerala Government under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.BackgroundThe authority was hearing a plea by...

EPF Act Gives Lifetime Security To Construction Workers, More Adaptable In Dynamic Labour Markets Like Kerala: Regional PF Commissioner

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