Provident fund
R.MALLIKARJUN
(Querist) 30 July 2013
This query is : Resolved
Dear Seniors,
Please answer my query iam working as a hr executive in a organization reporting to asst manager hr but when he was left the authorized signatory for all pf related transactions given to me and iam signing all the claims and other pf realted but my question is our company not paying pf contributions nearly for one year and we got a notice for 7a enquiry if company is unable to pay who will be held for prosecution legally its me or gm or md if iam the responsible please give me an idea to skip from this problem. thanks in advance.
Nadeem Qureshi
(Expert) 30 July 2013
Dear Querist
if the negligence is on your part then you otherwise company will be responsible
Kumar Doab
(Expert) 30 July 2013
You have posted that:
“but when he was left the authorized signatory for all pf related transactions given to me and iam signing all the claims and other pf realted “
You may carefully go thru the language and statements in ‘Authorization’ extended to you and communication preceding and succeeding the date of authorization and look for directions on who shall submit the statement for payment of monthly contributions (and to whom and TAT for it) and who shall pass it, raise financial journal and prepare cheque of payment and who shall finally deposit the amount with concerned PF office.
In case of variance from set procedure who is expected to act/escalate………………………upwards and downwards…………………..
If you are responsible and accountable for preparing and submitting the statement for getting the cheque prepared then you may be vulnerable.
The employer/promoters/directors/owners keep escape routes for them………………………..
It might be possible that employer was not providing the funds.
Such practices usually percolate down from the top.
HR should not get swayed and should not be a party to unfair practices.
Do your home work and keep yourself safe………………..
Do not hesitate to seek legal advise from your lawyer based on documents on record.
