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sarika   13 February 2018

Pf amount not received last 6 and half years

Dear Sir,

I resigned my service from 2011 and applied for my pf claim but they rejected my claim due non filling return of 3A for the F.Y.08-09,09-10, 10-11 my company had paid PF amount upto 2011, but PF People not updated in their system, I several time visited Vashi PFOffice, mail to my company, given mail to Bandra and Vashi PF office nothing has happend, Even our PF conusltant always given excuses every time, MY boss is also not cooperating, whose fault it was , weather i get my pf of not, what action i should be taken, no one co-operating us, 

 

Regards

Saika

 



Learning

 12 Replies

Kumar Doab (FIN)     13 February 2018

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Kumar Doab (FIN)     13 February 2018

Do you have copy of PF withdrawal forms and POD submitted to employer?

Has employer communicated in writing that your PF forms have been attested and submitted to EPFO and acknowledgment issued by EPFO supplied to you?

Is IT the same form you are referring to;

Frequently Asked Questions:

g) Form-3A:

The details of wages & contributions in respect of each member, to be prepared financial year wise- To be submitted to the Provident Fund office by 30th of April every year.

https://epfdelhi.gov.in/faq.asp

Apparently employer has not deposited/submitted the contribution/details.

EPFO does not recognize PF consultants.

Is IT communicated in writing to you or verbally that your claim is rejected due to reason………..?

Who has communicated IT to you; employer or EPFO?

Do you have all salary slips showing PF deduction and PF number?

Has employer communicated to you in writing that IT has deposited PF contributions with EPFO but EPFO has not updated in records?

 

Have you lodge any complaint with RPFC with copy to Addl.CPFC, CPFC under proper acknowledgment?

Kumar Doab (FIN)     13 February 2018

Is establishment listed in defaulters by EPFO?

Check at EPFO website;

Under Status of Establishments;

https://iwu.epfindia.gov.in/caiu/defWebList

 

Instead of waiting for so many years and giving such a long rope to employer and so called PF consultant you could have searched thru GOOGLE and acted e.g;

https://www.business-standard.com/article/pf/what-if-your-employer-does-not-deposit-epf-money-113082800796_1.html

https://yourfinancebook.com/epf-account-remedies-legal-actions/

https://www.bemoneyaware.com/blog/is-your-employer-depositing-pf-money-to-epfo-or-trust-if-not-then-what-to-do/

 

 You have the option to pursue RTI route as well….. and lodge criminal complaint and complaint with CVO

cvo@efpindia.gov.in

sarika   14 February 2018

Sir, I given complaint to Vashi and Bandra PF office, facebook I posted my grievenice, I send mail to my Director, but no one helping us int this matter, upto 2011 he regulary paid , but  vashi PF people not updated in their system, now they asking us to bring challns copy for updation, after two years he deducted PF amount but not paid, because my other colleague also chasing their payment, Yes i have my salary slip, now they saying write a complaint letter so they will take action, two years before also I met Vashi Commissioner Mr.Robert Kapai sir he assured me that he will take action against company, twice we submitted our Pf claim, both the time they misplaced, upto 2011 we want our accounting should be done, we claiming our PF upto 2011, but he is not ready to sign our PF form, we messeged and talked those who are working in that company, they are also not co-operating, were ever possible i put my Grievence , now without UAN number i cant mail to PF portal, what we suppose to do, please give some suggestion sir,

waiting for youre reply

sarika

sarika   14 February 2018

Sir, 

Coming Thursday we giving writtern letter compalin then also they not taken any action agaist company after that i have to mail cvo@efpindia.gov.in
I have every letter regarding my appointment, permanent, its not about me, we are total 10 people are there no one received PF amount, only 4 people got because that time they maintained in Manually, no computer, if govt people not cooperating with us, who help us 

 

Sarika
 

Sudhir Kumar, Advocate (Advocate)     17 February 2018

All these details may nto be necesssary.

 

If your PF was dedecuted and not deposited then pri-facie it is offence under section 406/409 pf IPC which is cognizable and non-bailable.

Non-submission of 3A renders employer open for prosectuion.

You have to give written complkaint ot RPFC and even meet him in person.  He is under obligation to approtion time for meeting.

If there is no action then you can come back to the forum.

sarika   17 February 2018

Thnk you for the reply, What is the full form of RPFC, He is PF Officer, Sir, today I lodged online complaint through EPFO portal, 

waiting for your reply

 

Kumar Doab (FIN)     17 February 2018

All these detais are neccessary and mandatory for you (Employee) , your record (Employee's record) your query, response to your query.

 

Kumar Doab (FIN)     17 February 2018

If your claims forms submitted more than once are getting misplaced that itself points to something fishy.

If PF commissioner (APFC/RPFC.......or whatever it is ) has not acted, despite in person repreentation/complaint  then itself points to something fishy.

Either employer is right for the years IT says IT has deposited Employee's+employer's contributon...or EPFO that claims employer has not deposited...

Your (employees') record starts from salary slip that has to show PF deduction (which you might behaving for all months), acknowledgment of submision of PF froms, acknowledgment issued to employer by EPFO (for employee)............. 

 

You employee may attach all of these with complaint/mention PF number/narrate representations made to employer/EPFO and ask for action taken.......... 

Kumar Doab (FIN)     17 February 2018

RPFC is Regional Provident Fund Commissioner...............

Mark copy to to Addl.CPFC of the state and CPFC.......

Although IT has already been posted for you that you can lodge cmplaint with police, Consumer fora.....from your posts it is felt that  probably you are unwilling to take this recourse..........

After lodging complaint with EPFO you have th option to know action taken by pursuing RTI route as well....

Sudhir Kumar, Advocate (Advocate)     17 February 2018

If you want to ensure being unheard then keep on writing mails. 

why not visit in person and meet the RPFC.

Kumar Doab (FIN)     17 February 2018

Originally posted by : sarika
Sir, I given complaint to Vashi and Bandra PF office, facebook I posted my grievenice, I send mail to my Director, but no one helping us int this matter, upto 2011 he regulary paid , but  vashi PF people not updated in their system, now they asking us to bring challns copy for updation, after two years he deducted PF amount but not paid, because my other colleague also chasing their payment, Yes i have my salary slip, now they saying write a complaint letter so they will take action, two years before also I met Vashi Commissioner Mr.Robert Kapai sir he assured me that he will take action against company, twice we submitted our Pf claim, both the time they misplaced, upto 2011 we want our accounting should be done, we claiming our PF upto 2011, but he is not ready to sign our PF form, we messeged and talked those who are working in that company, they are also not co-operating, were ever possible i put my Grievence , now without UAN number i cant mail to PF portal, what we suppose to do, please give some suggestion sir,

waiting for youre reply

sarika

If Mr. Robert Kapai was/is the APFC/RPFC then if you have minuted the representation made to him then nararte IT in your laest representations..............

If anther person has joined as RPFC then nararte the represntation made to Mr. Robert Kapai current RPFC in writing and in person...

After meeting pursue the matter effectively....


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