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Nagraj Bhat   09 August 2024

Employer misguiding employee for pf transfer

Respected Sir/Madam,

     My PF transfer is getting rejected due to the reason of "Contributions not paid from period x to y. Please clarify through emplyer" I was working abroad for 3 years. As per my employer they have filed NCP details for these 3 years of me working abroad, however EPFO has rejected that and said "This is to inform the member that since the member is not drawing the wages from xyz employer during the said period, the same cannot be considered as NCP days as the employer has stated the member has been receiving wages outside India. A clarification in this regard has been sent to the employer. Kindly contact the employer for further assistance in this regard"

I even raised a grievance with CPGRAMS and here's their response:"With reference to the member grievance it is noticed that the periods of foreign assignment from 05/2014 to 03/2017 has been wrongly reported as NCP days by the employer even while the wages was not paid by M/s xyz company India Pvt Ltd during such periods of foreign assignments. The employer has submitted the foreign assignment details to this office along with hundreds of other such similar requests. It is further informed that the employer was ideally required to create different Member IDs for each stint of service in India and the same has not been undertaken by the establishment for which this office has issued necessary directions to the establishment and taken needful actions. The process of Manual rectification was adopted by this office only to mitigate the hardships faced by the member and such a rectification requires multiple levels of verifications and approvals and hence takes time. The requests received are being updated in chronological order of receipt. Hence the member is requested to wait for some time and enable this office to do the rectifications without any error. Once the process is completed the same will be intimated to member through mail"

How can an emploey do this to an employee? How to get the employer fix this issue legally? For me this seems to be fraud case
Thanks,


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     10 August 2024

You have already got a reply from the authorities concerened, hence you may better wait for the action to be completed within a reasonable time after which you can decide further course of action.

1 Like

Nagraj Bhat   10 August 2024

Thank you very much

Sudhir Kumar, Advocate (Advocate)     11 August 2024

It is not clear whether it is a case of evasipn by emplpoyer.  if so kindly confirm.  My further views depend on this information.

Nagraj Bhat   11 August 2024

I am not aware of PF rules. I.e is an employee required to pay PF in India if we go abroad? Hence I understand EPFO is not accepting the NCP as a reason during my tenure working abroad, which my ex employer is giving to show gap in pf payment years. As per what I understand from the grievance response, the employer was supposed to create a new member ID when I returned back to India. So those 3 years is like gap years. Employer as I understand cannot say NCP when their employee is sent abroad. This is what I feel my employer has deceived me and now I am losing the combined interest which I should have got when I transferred my PF to new organization. Now saying it will take time, I am still not having a clue, does that mean months ot years of wait time and who is liable to pay my interest loss


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