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Hi Seniors,

One of our employees joined our organization last year December, after working for 8 days he left the organization after submitting resignation even before we issue him an appointment letter.

We requested him several times since then to send us some documents in order to complete the full and final settlement, but he didn't submit anything. We didn't pay him any salary for those 8 days since he had not submitted those prescribed documents.

Now the problem is during joining he signed form 11 along with the other joining documents, so we were supposed to give him the epf amount. But since we didn't pay him the salary due to the non cooperation from that person we didn't pay the epf either, his full and final settlement is still on hold.

We are going to conduct our statutory audit in a few days time, before that during our internal audit this issue was come up once again, and we were told to pay his epf amount immediately.

We have called him up and he said he had joined another organization. We are a BSE/NSE enlisted company.

Please guide us what are our options now? Can we give him the pf dues now? We haven't added his UAN back then since he left even before we could have done that. Can we add his UAN now after 6 months? And if we add can he take any step against us since adding our establishment with his UAN means delisting his present establishment. If yes, should we show it as arrears or wages?

Please guide, it's urgent.

Regards,

Atanu
From India, Kolkata
*Cite.Co Support Sponsors - Talentedge / Kredily

Dear Amanu,
If the query raised above is only to get rid of audit point then you can try below given options :
1. Calculate his 8days pay and Prepare his F&F immediately
2. Whatever PF dues are there pay it as arrears. (Please note : Some amount will be charged as Penalty)
Try this if it fits to resolve your query.

Hi Manoj, Thanks for your reply. Please tell me one more thing. Can we add his UAN now with our establishment? And are we going to face any trouble if we do so? Please guide.
From India, Kolkata
And if we add his UAN now how can we show his exit date 6 months back. Is there any such provision? Someone pls guide us
From India, Kolkata
Dear seniors,
Can someone please guide.
Can we add his UAN now since he is working somewhere else?
And if yes do we face any consequence for the same?
Our internal system sent him a form 16 which says salary paid xxxxx amount for those 7 days and we deducted epf accordingly as per form 16.
But actually due to his non cooperation we haven't paid that salary yet, neither we have deposited that epf amount mentioned in form 16.
So the ledger and trial balance account is not matching as per the information received from finance department.
So can we pay him the epf amount now after linking his UAN no with our establishment?
It would be of great help if someone kindly guide.
From India, Kolkata
Hi Atanu,
First of all this is a gross mistake from your end. Once he resigned FnF due or pending you should have paid the epf amount then and there to his concerned UAN after linking it with your establishment.
And now since you have shown him as your employee and generated form 16 you have to clear his dues in regards to the epf.
You can link his UAN now and show it as arrears, but I don't know about the consequences as linking your establishment now means his current employment will get delinked.
Please get some advice from the persons who know in and out of EPF laws and regulations.
From India, Kolkata
Hi A.Arnab
Thanks for your inputs.
We know perhaps this was a gross mistake and we have to settle it down by Monday.
And we are very much concerned about the consequences.
Even if we link his UAN backdated can we make him Exit on a backdated day?
If we add him now marking his joining day on December does that mean we are stating his employment with us till date or we can make a six months back dated exit?
And what if that person challenges us because his current employment will get de linked any which ways.
And if we don't do this what are our options? We can't internally settle it as form 16 has also been generated.
I'm still hoping some of the experienced persons of this forum will guide me on this context.
Thanks.
From India, Kolkata
Hi, Anybody has any idea please as I have to close this issue by the end of today. Urgent help required!!
From India, Kolkata
generate an arrear challan for december 2016 for the specific UAN and submit (not ECR)
that is the most suitable way to resolve the issue,
as if you pay right now, with june , it will generate lots of errors and department will ask for the contribution from Dec 2016 to June 2017
to generate arrear challan go to the portal > file ECR and select arrear , you can download the file format from there, and submit for the specific UAN only, and exclude all others.
Hope this will help to resolve the issue

Thank You sir, But sir, his UAN was never linked with our establishment earlier. We never linked it. Without even linking once can we pay it as arrears?
From India, Kolkata
linking of UAN is done as soon as the employee joins the establishment, but not later than 14 days of joining, recheck your records, he must have been to your UAN list in your establishment
if not, then linking right now will invite more and more troubles, as linking him in june itself confirms that he is working with you in june 17, so bettter generate a new UAN for the specific person with actual DOJ submit the challan as arrear and make exit as actual. this will safeguard only EPF side, and if the employee comes to you, you can sign the form 13 for transfer of accounts
Hope now you can be able to resolve the issue

Sir,
Thank you very much for your support and it is much appreciated.
I have checked it, his UAN is not present in our system. And the problem is from 1st July onwards UAN generation needs Aadhaar no. We have his Aadhar no, but generating another UAN using this will be tough as his original UAN is also seeded with Aadhaar and fully KYC compliant. So it will show error and we can't use any other document like PAN or Bank Account as KYc document post 1st July which means we have to immediately generate a new UAN for him before 30th June using any document except Aadhar and then submit the arrears.
I hope I'm right.
And thank you once again for your generosity and help.
From India, Kolkata
you are generating UAN for December 2016 and making exit in december 2016 itself , no need to make any KYC compliance, if the employee comes for EPF amount, a simple form 13 from employer will be more than enough to get his claim, and once the claim is passed by EPF, this newly generated UAN will get closed auto.
make it right now, don't wait for july 2017

Ok Sir,
But just a query.
I mean we can generate a UAN now showing DOJ and DOE as Dec 16 and that doesnt mean he is working with us now.
Then linking present UAN showing DOJ and DOE as Dec 16 will prove that he is still an employee of our organization, why is that?
I mean if we make a new UAN now and prove that he used to work with us back in 2016 December then why by follwoing the same method by linking his UAN we can't prove it?
I'm working in this field for only 8 months, so I know very less about it, so just got curious.
From India, Kolkata
linking his original UAN in june 2017 for december 2016 payouts, will make him de-link from his present employment, which will go straight against the establishment and management.
However if the management will get it worth to pay from december 16 to june 17, then it is up to management, as linking his old uan on 20'/06/17 means management has entered him on 20/06/17 and the employee is present on date , EPF or ESIC does not allow any grace to employee for addition of employee in their register/ records and ESIC/EPF it should be done immediately on joining, or within 14 days positively.

Dear Sir,
After your suggestion I conveyed the msg to my senior and he generated a UAN for that employee showing his actual doj.
But he uploaded ecr against June, 2017 wages for that employee who worked and left our organization last year itself.
He also added that gentleman's Aadhar no with this newly generated UAN. I think his original UAN also linked with Aadhar No.
I think my senior who sits in our Mumbai office did a gross mistake in this case. Now can you tell me what will be the repercussions? We can't show his actual doe now as this would before the wage month.
Please suggest.
The senior who has done it is also leaving our organization on 24th of this month, so all these jobs will be shifted to me only and I have to tackle these issues if any arises in future.
Looking forward to your invaluable suggestion.
From India, Kolkata
dont do anything, just ignore the case, payment is made out, and if asked for the transfer , make exit as actual when asked, and handover the form 13,
in case of any query from EPFO, simply state the situation and clerical mistake from your employee part. they wil issue 7a and 14b for interest and damage for late payment just

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