Queries
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
13th June 2017 From India, Kolkata

PARTICIPATING IN DISCUSSION:
Glidor
Hr Consultant
Manojkamble
Sr. Hr Executive
+2 Others

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.
13th June 2017

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.
13th June 2017 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
14th June 2017 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.
16th June 2017 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.
16th June 2017 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.
17th June 2017 From India, Kolkata

Hi, Anybody has any idea please as I have to close this issue by the end of today. Urgent help required!!
19th June 2017 From India, Kolkata

Glidor 329
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
20th June 2017

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?
20th June 2017 From India, Kolkata


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