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Kenneth (Tech support)     01 July 2013

Pf deduction

Hi I work in company which has changed its name quite a few times, the main issue is that they have been deducting our PF, without the pf number on our payslip, When asked about the PF account number they say that the company is waiting for its registration with the acoount number. Its been 7 months that they have been deducting and we have not heard anythin about the pf number, they say that the pf office is taking its time to issue the company its pf number and we are well over 100 employees. Please suggest on what can be done for this. When we have asked about our PF account number normally its nudged as Abhi ke liye bhool jayo by the director of the company. Please suggest on what can be done and is it legal for them to deduct without the company itself being registered.

 

Regards

Kenneth



Learning

 4 Replies

Adv k . mahesh (advocate)     01 July 2013

if you want to go through the legal process then give a formal letter stating the same facts to the pf redressal cell online complaint they will look after the other steps 

they will inspect the office and check the records and finally they will put a fine to pay 

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     01 July 2013

Before doing anything think twice because afterthat you will be in picture.

Kumar Doab (FIN)     01 July 2013

You may log on to the website:

www.epfindia.gov.in

and check in the list of defaulters, if all names of the company are listed there………….

The employee can write (under proper acknowledgment and with a copy to self) to the concerned HR personnel authorized to sign/attest PF forms, appointing authority, MD, to supply the PF number.

The imp. point is that whether the employer is showing deduction of PF in pay slip or not?

The failure to deposit PF can invite penalty.

The employees can sound the trade unions which are sensitive to such matters, local RPFC who has to take suo moto notice of such matters and act at once.

The trade unions would know how to deal with such matters.

The authrities have to act even on an anonymous complaint. 

 

If the complaint is lodged in writing (preferably under acknowledgment by letter) the onus is shifted to PF authorities as well.

If the trade unions and employees feel that PF authority is not acting and some connivance is suspected, the complaint to vigilance cell can be made.

 

Follow up thru RTI shall make the Inspectors rush to act.

Sudhir Kumar, Advocate (Advocate)     02 July 2013

PF registeration of a compnay if taking more than three days it becomes a misconduct,

 

you can make RTI to get the details deposits of your self and total no of emplopyees whose deposit are being sent.

 

You can submit complaint to RPFC requesting for action under section 7A and insisting your right to be present.

 

Non-deposit of employee share is cognizable non-bailable offcen under section 406/409 of the IPC and medre evation of empl;oyeee share is a bailable non-cognizable offnce EPF&MP Act.

 

I agree with Mr Joshi that you willbe exposed and I also know that EPF&MP Act does not provide any protection against termination due toanimosity. Labour court willbe the door to get back to service. But I cantell you  way but not on oppen forum.  Send PM if you are convinced that evasion is there.

 


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