Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
Consultant In Legal Matters

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I work in a Pvt. Ltd. company which has more than 300 employees. We receive Form 16, HRA and we have group medical insurance etc. but we don't get PF.
People working in the organisation are full time employees on company's payroll and not as independent consultants or contractors.
Is it legally possible for a company with more than 300 people to operate without PF? If yes, then under which law?

Dear Friend,
Certainly there is meak possibility without PF a company can run its show, are the employees drawing salary/wages are more than 15,000/- then they may get an exemption from deducting EPF... Did the epf inspection carried over on your company please get it verified from the authorities, and there is no legal provision with more than 300 people to operate without PF/EPF..So please get the basics set right before proceeding ..
best of luck, also, I did appreciate for your concern towards the workers/employees..

Simple way is get asked under RTI Act information regarding PF Code allotted to the said organisation by EPF authorities and number of employees of that organisation covered under EPF. If not, what steps have been taken by the authorities to implement the provisions if the EPF Act in respect of the company.

Thanks for your replies. I have checked the EPFO's website and found that my organisation is registered with them. However, the number of employees they have disclosed is less - much lesser than the total number of employees.
Then ask additional question as to whether the EPF inspector has verified the details of number of employees covered under the EPF Act with the register of employees maintained under Payment of Wages Act and under Shops and Establishment Act. Enclose the correct list of employees covered under the EPF Act and ask whether the employees stated in the enclosed list who have been working in the company for more than. .... number of days have been included in the list of Employees covered under EPF Act. If not, what investigation has been done to ascertain entitlement of the list of employees who have been excluded by the employer.

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