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Dear All,
There is little bit confusion for me , I working in construction company,Maharashtra
where 10 employees are working.
Company is Established before 3 years. as privet limited company.
Now we are thinking to start pf for employees.
In this case i would like to know that if company enroll now whether company has to pay contribution from the date of registration or from the date of enrollment to pf.
what is exact rules.people are telling me different different rules.So i got confused.
Please Guide.
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for 10 employees PF is not applicable, it gets applicable on the month under which on any day the establishment employment 19+
and PF is payable only from the month in which it got 20 or above employees, not on earlier periods
Dear Dhananjay,
EPF act is only applicable if there are 20 or more employees working in an organization.
If no. of employee are less then 20 in that case you need to apply for Voluntary EPF registration and for that letter of consent from all employees are required.
As per your concern regarding EPF remittance, you need to pay contribution from the month in which 20 or more employees are deployed.
For e.g. if no of employees in the month of Jan were 20 and you register your organization in the month of Apr, you have to pay arrears from Jan to March.
Very much Thanks for your reply. I will take the mater further now.
In My friend company there are 20+ people are working and company established December 2018.
They are deducting PF amounts from employees however not registered yet.
Now he has question that he has to pay full amount from December 2018 till date however what would be the deadline (In months) and what would be the penalties.
There are two queries.
Reply to query no 1 - No. of employees are 10.How have you counted the manpower? Have you considered the contractual employee if any in your organization? e.g. Sweeper, Office boy, Security etc. etc. The authority will check you ledger book about cost booking. If they found any booking related to manpower cost, they will consider that number. So please check your records for last 3 years.
Reply to query no-2- First of all deducting PF without having any PF Code is illegal. You immediately apply for PF code wef December,2018 as you have 20+ emps from that day. You will be required to pay penalty etc. for the period Dec,18 to Mar,19 if you obtain your PF Code before 15th of May,2019.
S. K. Bandyopadhyay (Howrah, WB)
+91 98310 81531

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