Saswatabanerjee
Partner - Risk Management
Boss2966
Industrial Relations
Anil.arora
Administration Head
AK CHANDOK
Epf & Esi Matters
Sendme2pop
Hrm & Lw
[email protected]
Accounts Manager
+5 Others

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WE HAVE UNDERTAKEN CONTRACT WORK WITH A COMPANY. COMPANY DEDUCTED PF FOR OUR EMPLOYEES AND DEPOSITED TO PF ACCOUNT. THE PF AMOUNT DEDUCTED AND DEPOSITED HAS BEEN DEBITED FROM OUR CONTRACT BILL AND BALANCE SETTLED TO US. HERE THE ISSUE IS, WE ALSO DEDUCTED AND PAID PF FROM THE SAME EMPLOYEES.
NOW THE QUERY IS:
01. IS IT POSSIBLE TO APPLY FOR REFUND OF MONEY FROM PF DEPT.?
02. IS THERE IS ANY PROVISION TO SET-RIGHT THE EXCESS PAYMENT FROM THE FUTURE PF PAYMENTS?
03. IS IT POSSIBLE TO DEDUCT THE EXCESS PAYMENT FROM EMPLOYEE & EMPLOYER CONTRIBUTION.

From India, Chennai
These types of error taking place due to your carelessness. First of all you must submit all the necessary documents (PF Registration Certificate copy, and the PF Remittance Details alongwith the Name of workmen for whom you are effecting the PF Remittance) to your employer on the first day itself to the concerned person who is dealing with PF. If you do that, then there may not be any double payment of PF.
Once the recovered PF is remitted to RPFO through ECR or on normal mode, then there is no chance of adjusting with next month remittance or any recovery from Government.
This has already happened with me too.
If your employer is generous then he can pay the excess paid amount or some part to you only from the company. But there is no provision for such double payment.
However let us wait for some more reply from our learned members.

From India, Kumbakonam
When this was happened? Before the eseva by EPF (online payment system) was started or after that. Also check with the company whether the EPF contribution has been paid against the name of those employees/EPF nos. or as excess payment.
regards,
Kamal

From India, Pune
Before entering into a contract with contarctor you should have checked whether the contractor has obtaine PF & ESI code, if so how you will be eligible, while preparing contractor bill, we ahve to add PF, ESI & ST.
Ones paid by default to PF dept we cannot refund, chances are less, you have to ask the employer to refund at least employer share to contractor.

From India, Chennai
Certainly, you can get the solution of this problem but need to visit REPFO along with the filed EPF returns and acknowledgements by you and Agency and the copy of contract between you both with an apology /request latter for remittance.

Hire an agency for a work and get the same work done at your own is not a small mistake. Moreover, this is not just a case of carelessness but it is evidently saying the lacks in work system, un-experienced staff, poor control of authority and management in your department. Authority and Department Head must have knowledge of what is being done, to whom, by whom. Every staff member of department must have knowledge of work being done by agencies and specially the staff at Payroll function who passed the bills by Agency and processed for payment.

If you are the department head, must take serious action to mend the ways of working which is important to prevent more and big losses in future.

Second, do you have a systematic departmentation in your organization? If yes, than your Finance & Accounts department is also responsible for this as they are, direct responsible for making cheques and payments and they must have records of every transaction or to whom they are making payments for what.

From India, Gurgaon
Is it possible to upload 2 ECR files for same month and for same reg no. I think it is not possible. The company might have deducted the PF amount from your bill and not paid into PF a/c. first clerify the same. If they paid the take proof of payment and approch the EPF authorities and ask for refund or adjustment.
From India, Hubli
i agree with Sanraj Javali...
thats why i asked this all happened. Such type of incident was only possible when contributions were being deposited in the bank through manually generted challans.
EPF site will not accept 2 ECR files for same month.

From India, Pune
I will suggest for taking up the matter with RPFC with detailed documents for future adjustment of the excess deposited amount ,involving the Principal Employer also for help being a genuine mistake.
Chandok A K
RPFC (Retd.)
<link no longer exists - removed>

From India, Chandigarh
I think what happened is this :
The company assumed that the contractor does not have a PF code and paid the PF of the contractor under his own name. Meanwhile the contractor paid it under his own name.
Since the PF codes and account number would be different, the system will take it.
The way I see it, the fault is of the client company and they should refund the money fully to the contractor. However, companies being as they are, I doubt if that will happen.

From India, Mumbai
Dear Saswat
Whatever you said is the same thing happened with them. As a matter of fact whoever comes newly as a contractor, the employer will ask for the Service Tax Registration Certificate, PF & ESI Registration Certificate copies and on completion of the month the contractor has to submit the Wages sheet and Muster roll and after remitting the PF & ESI chalan after remitting the amount to concerned authorities.
Here the lapse may probably be taken place in both side. If the contractor could have submitted the ESI & PF Registration certificate then the lapse will not take place. Blaming the employer is not the correct way without knowing the fact.

From India, Kumbakonam

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