onairsam
Hi,
Is it mandatory to register for EPF? I do not want to take EPF, but my company is saying that it is mandatory as in past I was a member.
I was a member of EPF and withdraw the money in year 2012, after that I have not register as a member.

From India, Pune
abbasiti
517

Dear Onairsam,
EPF is a social security scheme stipulated by the Indian Parliament for the benefit of the employees community. Equal contributions will be paid by employer at par with the employee. Hence it is the better saving scheme among we ever experienced. Then how you are against this scheme? Kindly explain.
Abbas.P.S

From India, Bangalore
korgaonkar k a
2556

Dear Onairsam,
I agree with Abbas.
But the answer to your question is as under:
You have withdrawn your money in 2012 and settled your PF account. According to me your present status is, you are not a member of EPF.

From India, Mumbai
Ddoaba
42

There are unmatched benefits of PF.... You should prefer to be a member. Ask any financial consultant on what would be the corpus you shall build in years down the line....
From India, Chandigarh
onairsam
Thank you Abbas for your reply.
The employer will deduct the whole EPF amount from my salary (including my and employer contribution). I am working with them from last 2 years with EPF and they are forcing me to take EPF, that is way I am against it. In addition to that I have own personal PF account.

From India, Pune
Ddoaba
42

The employer can not deduct Employer's contribution from earned wages of employees....
You may download salary slip/bank a/c statement showing deduction and can lodge complaint thru EPFO......
Your lawyer may opine that you can lodge criminal complaint too.....

From India, Chandigarh
korgaonkar k a
2556

Dear Onairsam,

I once responded to you on your first query.

After reading your second query together with first one, based on my understanding it I would like to say as under:

Your present status is you are not a PF member.

According to recent amendment in PF Law which came into force 01.09.2014, if your Basic salary i.e. Basic + DA component is less than Rs. 15000/- p.m., PF is mandatory to you. You have no option. Your employer also has no option but to cover you under PF. Your employer is liable to deduct your contribution from your monthly salary and remit it into your account with his share (at equal contribution of you which is deducted from your salary).

It seems to me, you wish to say in your second query that you are working with the employer since last 2 years with NO PF and now your employer is forcing you for PF.

As I said above, if your Basic is less than Rs. 15000/- as on 01.09.2014, your employer is legally bound to cover you under PF and you can not resist to it.

Now question of employer share. I am sure your employer will not deduct his share also from your salary. It seems to me, your employer is re-structuring your CTC taking the cost of his contribution to your PF account in it . Whether it is correct or wrong, is a question of debate and answer lies with what power or nuisance you have.

I request other learned members to contribute their views on it.

From India, Mumbai
onairsam
Thank you korgaonkar for your reply. My Basic salary is above 15000/- My employer said that he will restructure my CTC so that he can deduct his contribution from my salary, can he do it legally?
From India, Pune
KH001
4

Dear Onairsam
If your bsic is more than 15000/-pm then you can not be forced to join EPF scheme. You can join if both you and your employer together agrees on the same decision of extending EPF benefit to you. No employer can deduct his share from the employee's salary. If they are planning to restructure your CTC, then make sure your in hand is not affected and you get other benefits in the same way as you are getting at present.

From India, New Delhi
Ddoaba
42

No.
Don't accept restructuring.
Employer can show Gross Salary and show deduction of statutory deduction of PF from gross salary and thus arrive at take home.
Restructuring by employer means CTC and inclusion of employees PF contribution in CTC .....
CTC is not recognized in law.Gross salary is.

From India, Chandigarh
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