"Case"
If an employee joins a new organization and fills EPF Form No. 11 for declaration and declares in the form that he was never a member of EPF before. But in reality, for a limited time period of 2 months, he was enrolled as an EPF member. Now, As per company policy, the company nominates him as a new member of the EPF.
Question
What will happen, In The Above Mention "Case"
1. Will the company be liable for any statutory compliance misconduct in the future?
2. Can the government file a statutory compliance malpractice case on the company?
3. In the future, can any statutory compliance matter be raised on the company?
4. In the future, at the time of EPF audit, can any statutory compliance matter be raised on the company?

From India, Noida
Form-11 under EPF Act is employee's self declaration where employer has nothing to do. The employee was member of EPFO for 2 months and hopefully UAN number has been allotted. If the employee settled his/her PF with EPFO , then there is no problem. But if it is still exist and employee will be shown as excluded employee, that will be bad in law. If the employee will be covered under EPF , then also there will be no issue.

However, under any circumstances the employer is not directly responsible for the fault of employee. After the knowledge of employer that the employee was earlier member of EPFO, it will be better to correct the Form-11 and covered the employee under EPF Act.

From India, New Delhi

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