MUST a Director Contribute EPF?

3207 Views  ⚫  Asked 15 Years Ago
asked on Sep 25, 2003 at 02:52
by   malcolmc
If i am a diretor of a Sdn Bhd and is a major share holder with salary , can I stop contributing to EPF scheme ?
I have been contributing for the past few year. Is it an offence if I stop now?

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answered on Oct 2, 2003 at 21:04
by   businessbytes
A director can be employed in a dual capacity i.e as a director
-who is the directing mind and will of the company and who can formulate and determine policies. He can also be an employee on a contract of employment.If you are still on a contract of employment for which you are paid salary separately then you need to contribute to the EPF based on yr earnings as an employee. If you are not drawing a salary but accepting a director's fee you do not have to contribute to the EPF.
You have been contributing for the last few years indicating you are an employee - why the change of mind unless you do not wish to continue yr employment role.It is in yr company's interest that you continue contributions for when the relationship is soured at some future date there is nothing to stop you from claiming  yr rights as an employee.
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