We are the employees of a co-operative bank.In 2002 bank abruptly curtailed its contribution towards provident fund.Is this justifiable in the eye of the law? What will be the recourse against bank?
shrikant v. sathe (retired) 24 October 2011
We are the employees of a co-operative bank.In 2002 bank abruptly curtailed its contribution towards provident fund.Is this justifiable in the eye of the law? What will be the recourse against bank?
A K CHANDOK (SELF) 25 October 2011
Dear Sathe ji,
WISHING YOU A VERY HAPPY DEEPAWALI
Under section 12 of the Act, the employer can,t reduce the wages ,etc., more so ,not abruptly in any case.
You may file a complaint with the concerened RPFC with details
With Regards,
CHANDOK
RPFC (Retd.)
09988021715
chandokak@yahoo.co.in
www.akchandok.com
SURESH GODBOLE (ADVOCATE) 28 October 2011
In no case the PF can be curtailed . The Employers have also to contribute alongwith your contribution.
Why did they do this , did they intimate you or not.
Whether the contribution was deducted from your salary and shown on your Monthly Pay Bills or Not
If they have deducted from your salary and not deposited to RPFC, they are criminally liable
Facts are most relevant.
0-9929596546
shrikant v. sathe (retired) 29 October 2011
Dear ,
Shri .Suresh Godbole,
The bank had done this in 2002 ,they stated that according to law whatever minimum contribution employer has to pay, they will pay ,they will not contribute as equal amount of employee that is 10% of basic+d.a..In short employee contributes 10 %whereas bank contributes 4 times less than employees contribution towards P.F.The bank is saying it is adhereing the rule of law. Now tell me who is correct ?
SURESH GODBOLE (ADVOCATE) 29 October 2011
Have they supplied you your Account Number in which they used to send your contribution to PF Commissioner
Go to them and verify
You will know what you contributed and what they
Ask PF Commr , the exact Rule position with regard to the Co-op Bank contribution in each account
Or you can get the guidelines from them
First to verify your Account with the PF Deptt and and verify your amount pending with them
Match the Rule poswition as being stated by the Commr and the Bank authorities , if they are identicat , take the money and be happy , any discrepency may proceed further
Your Last months contribution must also go to them
shrikant v. sathe (retired) 29 October 2011
Dear
Shri Suresh Godbole
Our bank has supplied to us the statement of each employee half yearly and we do not have any account in provident fund office. Our bank has maintained a provident fund trust account in our branch. So no question of doubtness arieses.The amount which we got at the time of premature retirement done by the bank illegally ,is correct but the contribution towards the provident fund is 4 times less than our contribution.This is the main question.Is it reasonable to make a complaint to provident fund commissioner? For example my contribution was Rs 3200 whereas bank,s contribution was Rs 735/-.I want justification for this issue.
SURESH GODBOLE (ADVOCATE) 29 October 2011
Nothing wrong in approaching the Commr , if it costs you nothing
Approach, go personally and try to get the answer in writing
Then we will see
R Nandy (N.A) 13 November 2011
Sathe ji,
As far as my understanding of the EPF act goes.Employees earning less than Rs 6500(Basic+ DA) has to be compulsorily enrolled for EPF in organisations employing more than 20 persons.
In your case you Basic+DA was 26000+ from the data you have given.I am assuming employee contribution was 12%(Rs 3200 in your case) of Basic+DA.So your enrollment in EPF
is not compusory,it is only voluntary by you and company.
Rs 735 employer contribution is 12%(Rs 780) of Rs 6500(deductible 0.89% fund management fee(entry load),0.1% Insurance premium etc).I think your company was also paying EPS contribution of Rs 514 which is 8.33% of Rs 6500(This is statutory requirement).
This is unfortunate but I think there is no requirement for the bank to match employee contribution in EPF unless it is less than Rs 6500 Basic+DA that too after deducting 8.33% for EPS.
I agree with Shri Suresh Godbole ji,that you should approach commisioner to get the correct legal position.There is no harm in doing that.After all it is hard earned money.
Kumar Doab (FIN) 13 November 2011
Kindly follow the details given and action suggested by Mr. Nandy.
A K CHANDOK (SELF) 13 November 2011
Dear Sir,
From the reply of Mr. Sathe, it is clear that his bank is not covered under EPF & MP Act 1952, and is having its own trust. In such a case RPFC has nothing to do except to see as to why the Act is not applicable, otherwise, in my opinion, Rules of the Bank will prevail.
Adv.Chandok
RPFC (Retd.)
shrikant v. sathe (retired) 14 November 2011
Dear R Nandy,
Bank,s contribution towards pension amount was 0.Rs 514/- which you have mentioed in your letter was deducted from the salary of the employee separately.
Thanking your
s.vsathe
R Nandy (N.A) 14 November 2011
Satheji,
Quoting from the www.EPFindia.com site
"
b) The Employees' Pension Scheme
From and out of employer's share of Provident Fund contributions 8.33% of the total wages limited to Rs. 6500/- per month is segregated and credited to the Employees' Pension Fund in A/C No. 10 ( w.e.f. 1-06-2001 ). The Central Government also would contribute at the rate of 1.1 / 6% of total wages.
"
EPS should be deducted from the Empoyers share and not deducted from the salary of the employee.This matter should defintely be taken to the RPFC.