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While calculating labor payable wages we have left-out deduction of PF and ESI for last 2-3 months and payments have been made. Since the same labors are working with us, is their a provision to deduct 3 months ESI and PF from the next payable labors wages at once and deposit to PF Account as we are PF account and not filed ECR for last 2-3 months. What reasons can be stated to department while making payments? Please suggest. Thanks - Manjunatha
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As per law you can not recover past dues. But you need to pay. But if you are able to convince the workmen deduct the contribution under the Head MISCELLANEOUS Recoveries.
However you need to pay the Interest for belated payment. But EPFO had announced a scheme for NEW COVERED till 31.3.2017
Can you please clarify under which rule or section is it stated that you can not deduct or recover Excess salary paid on account of not deducting earlier ?
As far as I know, employers are allowed to do so.
However, deducting all at a time will be wrong and probably a violation of pay,net of wages act. So you need to recover in stages / instalments
If number of employees is not big , please communicate the mistake and do fast recovery in one month strategically.Its correction and there is no legal bar to get back excess money paid to an employee.Who knows, some one goes away in between . However, belated contributions are to be paid with interest as same is already overdue and it has no link with latest notification which has been in force till March 17.
RDS Yadav
Please take this as an OPPORTUNITY to Learn please go through carefully Employees Provident Fund & Miscellaneous Provisions Act, 1952 and the 3 Schemes framed there under. I can give you but I suggest please LEARN
Section 32 of the scheme provides "that where no such deduction has been made on account of an accidental mistake or a clerical error, such deduction may, with the consent in writing of the Inspector, be made from the subsequent wages".
P K Sharma
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