Pf amount not submitted from employer

If an employee works for extra hours voluntarily and without any direction by the

management, the claim for overtime will not be admissible;

30. Notice of Dismissal.

COMMENTS

(c) Acts and omissions constituting misconduct :

For the purpose of section 30, for the term, “misconduct” reference be made to Rule 13 of the Delhi Shops and Establishments Rules but the list is not exhaustive in view of the word ‘includes

Do you have the acknowledgment/POD of submission of PF forms to your company?

Have you submitted written representations to company to supply you the acknowledgment issued by PF office towards submission of your PF Forms by company?

Do you have copy of salary slips showing deduction of PF?

Please check at web site of EPFO:

www.epfindia.gov.in

 if this company is included in list of defaulters.

If yes apply RTI route to find out on which date it was declared a defaulter and what action has been initiated, name/designation/address of EPFO official who has conducted inquiry, inquiry report, current status etc……and certified copies of Form 3A, 6A, 23, 24……

Try to be an intervener in 7A proceedings if these are initiated.

Approach your lawyer and look into the merits of suing the employer.

If company is doing business since last 5 years without paying PF one can smell connivance with PF officials.

You may lodge complaint with vigilance, CVC, CPFC, RPFC…..and chase these guys.

If you have served for 5 years you are eligible for Gratuity also.

Submit FormI for payment of gratuity to appointing authority/MD immediately by redg. post and submit a copy under acknowledgment to controlling authority of gratuity which may be DLC at your location.

Has this company supplied you correct FNF statement for acceptance by you (you may reject in writing if it is not correct and does not include leave encashment etc…) payment of FNF dues, acceptance of resignation, work experience/service certificate, relieving letter, Form 16 as per correct FNF statement……

Valuable advice of learned experts/members is sought.

In case the PF has been deducted from your salary and not been submitted to the department on your behalf, the best way to recover is by filing a criminal case under the Indian Penal Code. The punishment for it is not only recovery of money but also jail time. The employer generally gives in to the pressure of a possible arrest and jail.

I agree with Mr Kumar Doab.

I also agree with Mr Arpit.  In case employee share is deducted and not deposited in the EPFO then it becomes offence u/s 406/PC which is cognizable and non-bailable.  The action can be taken directly by police witho9ut referenc efrom PF Inspector.  You can also file complaint before magistrate only if yougather evidence that (i) money was decudted from salary towards PF (ii) money has not been deposited with EPFO.