Faulty EPF policy leading to large payments

What is written by HR personnel, even if it is as posted by you: in BCC?

 

The matter is with EPFO.

Check in list of defaulters, advertised by EPFO.

Originally posted by : Kumar Doab
	What is written by HR personnel, even if it is as posted by you: in BCC?

The mail is marked confidential in Red ink at top. 

It states that there had been an audit and their policies were not in accordance with the PF office. They had several meetings with the commissioner to settle this matter and came to this conclusion. The PF Commissioner is asking that we all pay up the PF due, since the time of joining. Instalments may be possible. Amount will be deducted from salary. The interest of all these years are also to be borne by the employees. HR will get back soon with the details

This is coming to a large amount. They admitted their mistake and putting burden on the employees.

Today, I read in economic times that thousands of IT employees signed an online petition asking for smother exit policies in the IT organization. Looking for similar platforms to get our voice heard. 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=147303&offset=4

This portion seems to be decision of HR/employer:

“Instalments may be possible. Amount will be deducted from salary. The interest of all these years are also to be borne by the employees. HR will get back soon with the details”

The language seems to drafted in such a manner that reader may feel it is PF commissioner’s advice (and left to final interpretation by HR/signatory/Board).

It is felt that PF comissioner has not decided it for the employees.

You have not responded to:

“You may clarify; “Did employer place before you any policy/rule/document that states: Is employee interested to become member of PF or not?” Did you sign it and submit? Do you have the copies of such rules and such signed forms?”

You seem to be referring to:

https://www.moneycontrol.com/news/business/employees-launch-petition-against-3-month-exit-noticeit-cos_8580661.html

Pls note that:

Labor Ministry can engage in discussion.

The notice period is part of service conditions that are governed by various enactments.

IT/ITeS/Software/BPO/KPO companies are covered by Shops & Estbs Act.

If you are in Maharashtra go thru:

Bombay Shops & Estbs Act; Sec: 2(13,)35,36,38, 38-B,66,

 https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/94257/110577/F479460477/IND94257.pdf

This Act does not lay down any Notice Period for employee. Rather it lays down notice period for employer.   The NOTICE PERIOD in your case should be max.=30days  ( that too if equitable discretion is applied, with your concurrence ort deemed concurrence)   ID Act does not lay down any Notice Period for employee.  

You may confirm if standing orders of your establishment are certified and these cover your designation.

If not go thru: Model Standing Orders :Sec; 13,  16, and others

 https://mahakamgar.maharashtra.gov.in/images/pdf/industrial-employment-standing-orders-rules-1946.pdf

You may also go thru the query from employee of your trade at;

https://www.lawyersclubindia.com/forum/Leave-during-notice-period-in-software-industry-147438.asp

The employees in other states united by engagements at social portals then forming unions and then trade unions embracing them.

The core issue is:

That employees as posted by  you are neither united nor properly informed nor willing to check with EPFO nor willing to engage  a counsedl specialzing in Labor/Service matters...................at the moment as per your last post.

So extend if you can.

Originally posted by : Kumar Doab
	You have not responded to: “You may clarify; “Did employer place before you any policy/rule/document that states: Is employee interested to become member of PF or not?” Did you sign it and submit? Do you have the copies of such rules and such signed forms?”

Yes. At the time of joining we have given them a signed document that we are opting for PF. I remember around two years back, we all received a mail from the HR that those employees that have not opted for PF should fill a form, sign and submit. A contact person was given, from whom we collected the forms, filled, signed and submitted. I do not remember the contents of the form, but it was basically a declaration that we are not opting for PF. 

The notion that PF is optional, will be in the employee manual. They may have updated it, but old copies will be lying around. Should not be difficult to get.

Any refernece to any manual by the company is absolutely irralevent and time wasting and a good tool to distrct the employees from core issue.

No manual/instructions (even by govt deptt) can overrule the law laid down by the Parliament.  As per EPF Act 1952, there is no provision for option in PF.  Itis binding and in this case the employer successfully fooled employee and now has been caught evading and in a tight corner and again trying to befool employees to come to his rescue.

Your two posts: One in the beginning and one last, are conflicting.

“HR had a policy that the incumbent may or may not opt for EPF. So, I did not to opt…………………… Yes. At the time of joining we have given them a signed document that we are opting for PF.

I asked you many times about what was written by HR and what was placed before you by HR!

You have posted about these in last post.

It has already been posted that: If the establishment was covered by the ACT 5 years back (and you) then it was employer’s obligation to enroll all covered employee’s and deposit employee’s + employer’s contribution………………………………. Get hold of old copies of said employees manual.........and salary slips.....and PF number issued by past employer. Visit nearest office of EPFO.Confirm if you were covered on DOJ or later till date as per wage ceiling.

 

Originally posted by : Kumar Doab
	Your two posts: One in the beginning and one last, are conflicting.   “HR had a policy that the incumbent may or may not opt for EPF. So, I did not to opt…………………… Yes. At the time of joining we have given them a signed document that we are opting for PF. I asked you many times about what was written by HR and what was placed before you by HR! You have posted about these in last post.

Sorry, for the typo. At the time of joining we have given them a signed document that we are not opting for PF

Sorry, for the typo. At the time of joining we have given them a signed document that we are not opting for PF
 

Your/ your company's opting and/ or non opting and signing of any document by anyone is immaterial. Once the establishment/ company is covered under the Act, PF is to be paid. 

Your company is still fooling you and trying to put the huge burden of dues on the shoulder of the employees. 

If you are apprehending vindication try by visiting RPFC/APFC in any offcie of EPFO in India with copies of all suggested documents.