Theft of employee pf
Vikrant Paraskar
(Querist) 20 February 2013
This query is : Resolved
Dear All,
I recently quit my previous Employer and learned that my PF deducted by my ex-employer from June 2012 to Jan 2013 was not submitted along with the employers contribution. When I demanded my PF account number, I was shocked to know that they had still not registered and that I did not have a PF account(since this was my 1st job). My bank statement clearly shows that the PF amount was deducted, however after I claimed that they reimburse me with the total PF amount i.e my contribution + their contribution - they said that they wont provide me the company's contribution however return my deducted amount. Also, the salary slip provided was without the deduction of the PF and now that does not match my bank statement, I have proof of salary slips on other employee's name stating the deducted amount for PF.
I really feel cheated, because they falsely deducted the PF amount and utilized my money and second - the basic rights of PF to any employee is being denied.
Additional info - The company's current strength as of now is 40 employees, proof of my employment, salary slip of other employee's which states the deduction, False salary slip mailed to my inbox via an employee which is tampered, edited by the HR not showcasing the deducted PF, My bank statement which shows the deduction, tenure as an employee 14 months (31st October 2011 - 31st Jan 2013)
I kindly request the experts here to help me 1. get my PF 2. teach this company a lesson for their wrong doings.
Thanks & Regards,
Vikrant
Sudhir Kumar, Advocate
(Expert) 20 February 2013
deduction of PF dues and non-deposit with EPFO is violation of S/406/409 of IPC and police can take action without complaint from EPFO as the offense is cognizable and it is non-bailable as well.
Anyway it is offence under EPF Act. They have no option to reimburse you the PF account because they are not allowed to have their own PF trust under section 17.
They are perhaps proposing to eat away employer share and also to deprive you of the pensionay benefits for half year's deposit.
They are offenders and have no option but to deposit the employee share and employer share alongiwth penalty and damages under section 14.
You can complaint to the RPFC requesting for action under section 7A and request for you to be present in all proceedings.
RAJU O.F.,
(Expert) 21 February 2013
You were eligible for the company's contribution of PF and also the accrued interest compounded every half year. Please contact an advocate handling labour law matters on behalf of employees.
Vikrant Paraskar
(Querist) 21 February 2013
Dear Experts,
Thanks for reaching out ! Also I had another concern, are there any possibilities of the company not being eligible to provide the PF scheme to its employees..there by proving they had deducted the amount and were willing to repay the same without any Employers contribution. (to back my claim..I have copies of automated salary slips which were issued to other employees with the PF deduction clearly mentioned in it)
The company is in the Human Resource domain with 40+ employees, thereby as to my knowledge are not exempted from providing the PF benefits/contribution towards employees.
Sudhir Kumar, Advocate
(Expert) 21 February 2013
If employees are just 40+ then it is not easy for company to seek exemption under section 17 and they are bound to remit PF dues, if doping business as per schedule of EPF & MP Act 1952
Your present query is based on imaginary doubts.
Vikrant Paraskar
(Querist) 22 February 2013
Dear Experts,
Thanks once again for answering my concerns..I am pretty clear on my next course of action.
