Labour Law & Hr Consultant
+2 Others

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Respected Senior,
One of my friends relative is working in an organisation since 1992. But they have been enrolled in EPF from 2006.Earlier the employees have not been enrolled under EPF. Now the Employer is showing the Date of PF joining as Date of Joining which is directly linked with the Gratuity and which in term is 14 years less payment of Gratuity.As per the law the Gratuity Payment needs to be paid from the date of Joining.
Request you kind advice on this.Please share any supporting document relevant to this .

This is the practice adopted generally by most of the employers who employ people as temporaries, casual labor or contract labor depending on the quantum of their work to escape from their legal liability under both the EPF Act,1952 and the PG Act,1972 to some possible extent due to lack of documentary evidence. At times, when subsequent enrollment into EPF Scheme happens because of the initiatives of trade unions or enforcement authorities, employers take refuge under the non availability of past records paving way for the practice of the adoption of the date of enrollment into EPF as the date of joining of the employees.
Though both the schemes of PF and gratuity are twin terminal benefits of employment, their applicability and operations are different in terms of the conditions stipulated in the respective enactments. It is possible that the enrollment into EPF could be a later event because of the subsequent application of the EPF Act,1952 to the establishment which would have already been covered under the PG Act,1972.
In such a precarious situation, it is only for the employee to prove that he had worked for not less than 240 days in every year in the same establishment prior to the date of his enrollment into the EPF by means of documentary evidence.

Dear Umesh
In this case the employee should represent his case appropriately with evidences to prove employer-employee relationship with this current employer since 1992 as mentioned by you.
Shailesh Parikh
99 98 97 10 65

Dear Umakanthan.M sir ,
We want to constitute works committee under id act section no 03 but i do not have any practical exposure in this context . Hence i could not able to start works committee as needed. Therefore i am requested to kindly suggest me how to constitute WC step by step. Means where i need to send the information pertaining to WC in labour department . Please help in cited above matter

Dear Sir,
My self nilesh bhoi for HR dept. i am unable to open my UNA account due to i lost my register number and i forgot to user id and password
now what can i do sir
kindly put your valuable input
Nilesh Bhoi 8320898959

Dear Umakanthan.M/Shailesh,
Really Thankful for the guidance and support sir, but in early 80's & 90's the contract labour deployed were not that qualified moreover they don't have any such evidence and the mode of Payment was on cash basis.

Dear Umesh,
Every legal remedy is based on sufficient and proper evidence only. It is always imperative on the part of the claimant/workman to prove his actual length of service under a particular employer by means of some documentary evidence. If he doesn't have any such evidence, he can call for the records pertaining to casual labor/contract labor engaged during that particular periof of time from the employer. But the period should be within a reasonable span of time for no employer can be expected to keep and preserve the records for an indefinite period of time. In the absence of such documentary evidence, the Judicial Authority has no alternative other than disposing of the claim with the available documentary evidence only.

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