Saswatabanerjee
Partner - Risk Management
Glidor
Hr Consultant

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Hi
I am currently working in an IT company in Kerala for past 1.5 year. While my offer letter did mention about PF and other benefits, PF wasn't implemented by the organization despite having close to 50 employees when I joined. Later, after constant pressure from Employees, the company has implemented PF, but when we checked out PF accounts on receiving UAN numbers, our joining date was intentionally given an year late. The management has also informed us that they would not give us the amount which we were supposed to receive for past 12 months.
Could someone guide in how we should be tackling the issue?
Regards
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before the registration of company with EPF, they can not deduct and make contribution, keep touch with HR, its assumed that they got registered with EPFO at later date and started to deduct and pay the contributions from the day of registration.
While the action of the management is illegal, it is logical. They cant recover from your salary the PF deductions of the previous periods. Nor will they be willing to pay it out of their pocket. So they have taken the route of falsifying the joining dates, which is also an offence, but not likely to be actioned unless there is a compliant.

Your approach should depend on what you want to do and your career choices. If you want to remain in this company, then dont do anything. Accept the fact that at least now you are getting the PF....

If you wish, you or any other employee can approach the PF Office, and meet the PRO, vigilence or even the Dy Commissioner and file a complaint. For that, you need proof that you were working there for more than a year. Perhaps you need to show them your appointment letter and previous salary slips.

But remember that if you do so, you are likely to soon lose your job because your company will easily identify that you went and complained and they will find some excuses to remove you. It is also possible that the inspector who comes to check will accept a bribe and put a report showing evidence that your complaint is false. While there are tools like RTI and social media today which makes them cautious in dealing with such cases, its a long haul battle in the Indian context.

So make your choices and act accordingly.
It would be better if any of the employee who has left the company recently or is going to leave the company can come forward and complain to the PF Office as mentioned by Mr. Banerjee so that it would not bounce on you.
its nor falsifying
in form 9 the employer has submitted the date of joining the EPF as well as the period before the date of joining EPF, and it appears that most of the employees were above the ceiling limit of 6500(15000 now) and hence EPF is optional in that case.
It is falsifying, but mind that as told by Mr. Banerjee if you or any other employee can complain to the PF Office with sufficient evidence, but it may lose your or any other employees job with that company, since it will be known to your employer. Now it is your call whether you want to go ahead and complain to the PF Office.
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