Defaulted In EPF Payment ! - CiteHR
Hr Executive
+3 Others

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We run a small scale industry. From Feb 2010 to April 2010, for 3 months our employees strength increased above 20 but unknowingly, we did not deduct EPF contribution from employees and did not remit with EPF department. Although we continued paying ESI. ESI is applicable for 10+ employees in an industry.
After April 2010 employees strength reduced to below 20 and kept on paying ESI but not EPF. In May 2011 strength again increased above 20 and we started paying EPF from May 2011.
Now an EPF inspector visited us and collected all records and he may ask us to pay for period Feb 2010 to May 2011. However 80 % of the labors / workers are now not working with us and not traceable then who will get that money? Will inspector ask us to pay our contribution plus labor's contribution ? What normally happens in these cases. How can we safeguard our interest ?

Dear Deepak, As per Act of EPF your organisation will be covered from the month or date at which you emmployed 20 or more workers even strenth reduced afterwards.
we understand that. What about the PF for the employees who left and untraceable ? Will PF department demand interest and penalty ?
For the employees who left and untraceable you can apply for waiver for employee share, but approval of such waiver is quiet difficult to approve.
EPFO will surely demand interest and penalty.
The best option is to cover your organisation from current month. (How to do that, is different views for different officers and peopels)

Is there any precedence, which can be shown to cover from current month ? If it is already done by some other officer, it will strengthen our case.
There is no such precedence. You can request to Enforcement Inspector or commissioner for this. my contact no. is 9823055776
To prashant_patil
Dear Sir,
As suggested by you, suppose we have shown from the current date of ESI and PF liability. Also everything got settled in current scenario with specific officers of ESI & PF respectively. But in future again another officer will come & ask for commission for the previous adjustment. What is the solution?

I was advised by an advocate that we can approach court and request exemption as beneficiaries ( old employees ) are not available / traceable. EPF department is supposed to look after interest of employees. When they are not available, how EPF can benefit them. As per this advocate he has some references to court verdict on similar favorable judgement.
May I know the opinion of other experts ?

After your coverge data is fixed and after the report is prepared and submitted by EPF inspector, it is very difficult to change the date for new inspector due to lot of problems.
Technically it is possible but not practically.

Dear seniors,
i am working for xyz company. From august 2011 one of our hr resigned and left without handover of hr data to others. After 3 months new hr came. But within 3 months total hr data became raw data due to 100 to 200 employees newly joined. Now they are checking their balance in epfo website, but it is showing your data is not updated/invalid. Once i orally communicated with hr he told we have already submitted the data up to 31st march 2012.
1) now the employees are in contradiction that the company has deducted employees contribution from salary, balance is not showing in web site they are telling we have submitted.
2) some of the old employees claimed for pf from aug 11 to till date but in between no one got their pf amount.
Kindly suggest on these two issues. Is their any alternate way to get our pf amount without going to the company...
yugender reddy.

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