Dear Seniors,

A company is late by 5-6 months as of now in payment of PF liability. In fact nothing have been deposited after February 2015. Some of the employee have resigned/ left /retired during this period. I would like to know the consequences for the following cases arising out of this late payment/ non payment.

1. One employee resigned on March 31, 2015 and got his PF settlement in the month of August 2015. It is assumed that his account has been settled without the contribution of March 2015 since it is not yet deposited. How he will be paid his legitimate claim.

2. Similarly if an employee resigned on May 2015 and transferred his PF without the contribution from March to May 2015. How this 3 month contribution shall be credited to his account.

3. What is the penalty / punishment for such late /non payment can be imposed on the employer if any body raise a complain to the authority.

4. Please note no one was assigned any UAN before they left.

Thanks & regards

From India, Kolkata
a) How come the resigned / retired person will know that the amount which has been received /transferred to him is not the full amount he was supposed to receive. He might not know the exact amount is due to him since the UAN was not provided to him. If the UAN is not provided is there any problem to transfer the PF amount.

b) Even after a few month if the company clears all it's liability with interest then how those accounts shall be credited who have already resigned /retired.

c) Suppose such retired/resigned employee somehow come to know about such short payment and register a complain to authority and at the same time register a FIR what will be the consequences.

Thanks & regards

From India, Kolkata
a). A member can know the details of his account by logging into website and can download / request for his epf statement, which will have all the details since the date of his joining. UAN is not required to log into that portal. Member can also request the details through RTI.

b). Once the company clears all the payment, if the member's account is settled before clearing the liabilities, EPFO will not transfer the balance amount to that member voluntarily, as the account is already settled. But there were some cases that EPF have settled / transferred that balance amount to the member when it is requested through RTI.

c). Member is not required to file a FIR. Just a complaint letter addressing to EPF commissioner is enough to sue the company. Once the complaint is received, the enforcement officer will visit the employer's place and check the authenticity of the complaint and he will issue a demand notice to pay the pending amount with interest. After paying the same, they will send another letter demanding you to pay the penal damages of upto 300% of the pending amount.

From India, Chennai
I still have a doubt that In India even at this era most of the people (employee) doesn't have the access to internet hence how they will know the exact amount he/she should have been credited. RTI is also not yet a common feature to wide part of the society and only because of that the legitimate claim of one's life time savings should not be kept idol in Government coffer and ultimately forfeit. I think employer should have some roll to play even if not legal but moral to inform the employee (retired /resigned) since this situation arises due to late payment of their liability.
Thanks & regards

From India, Kolkata
from 14th April 2019 even if we delay the pf funding more than one day, the govt is not going to remit the remaining 8.67% under pmprpy scheme...
From India, Guntur

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