Dear All,
Good Morning,
Greetings of the Day!
My company is 6 years old company. One of the employee joined us before 4 years at that time company was not covered in PF as we had only 7 employees. Now before 2 years, we are covered in the PF as the company expanded. When we were covered in the PF at that time we gave all employees the declaration form to be filed at that time that employee declared that he doesn't have any PF account and even his basic salary was above 15K. So the company did not open his PF account. Now after 2 years suddenly he came and told he has his active UAN number.
Please guide what to do in this case.

From India, Vadodara
You should have collected his declaration in form 11 which says that he was not a member of EPF before joining you. if you have taken it, show him and ask him why did not he declare the PF number and UAN then?
As an employer it is our responsibility to make sure that the new employee has or does not have a PF account.
If you had done it you can simply ask him to pay the PF of two years including that of employer together with interest and damages which may be assessed in future. Or register him with today's date ignoring his two years' service and start paying PF from now. Both are not okay in the eyes of law.

From India, Kannur
Dear Ms. Madhu, He has already declared that he was not a member of EPF before. But now suddenly he has realised that. So what is the step we can take? Please guide
From India, Vadodara
I had already shown him his Form 11 declaring that he was not a member of EPF. But he says it was my mistake that I didn’t mention.
From India, Vadodara
If he had given the declaration in form 11 that he was not a PF member earlier to joining your establishment, let him contribute for the past period plus interest and damages. How can he say that you are responsible? You can only collect a declaration and he has declared that he was not a member of PF. Then how can you be help responsible?
Putting today as his date of joining will create problems in future. He himself may create problems even though there was a negligence on his part. Moreover, you should have given his name also as employees whose salary exceed Rs 15000, at the time coverage of EPF 2 years back.
Paying the contribution from an earlier date is not an issue if the Finance people are ready to spare money required for employer's contribution. In that case also you should make an settlement that interest and damages will be recovered from him besides his own share of contributions.

From India, Kannur
Dear Mr. Madhu, Thanks for your help
From India, Vadodara

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