Anonymous
One resigned employee applied for PF Transfer through online to his next employer. But his claim got rejected. While raising grievance the final decision has been given as per below:

With reference to your grievance it is informed that no EPS contribution has been deposited by your employer against member id
MRNOIxxxxxxxxxxxxxxxx, but date of joining and leaving of EPS marked by your employer so, kindly submit a clarification through your employer in this regard.

While we check the Form-11 submitted by the employee he has opted EPS as "No". Hence the employer deposited full contribution in Employer PF. Also before joining this establishment he was the EPS contributor with his previous employer.

As an employer can clarify that based on Form-11 submitted by the employee entire contribution is deposited into EPF. However as per PF rule, as an employer rectification to be done. Can someone guide for the process and share any circular / notification is available from EPFO website?

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws

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Madhu.T.K
3769

These are the various possibilities.

1. The employee while joining his first employment, had a salary of more than Rs 15000 and thus qualifying only for PF and not Pension Fund. His employer then deposited the entire contribution payable by him (employer) to his PF only without bifurcating it as 8.33% to Pension Fund and 3.67% to Provident Fund. When he joined the new company he declared in form 11 that he was 'not' a member of EPS but a member of EPF.

2. When he did not join the Pension fund, the dates of joining and exiting from the EPS are irrelevant.

3. You have to make sure that the employee's salary at the time of joining the first company was more than Rs 15000 but he was not declared as excluded employee but was allowed to be a PF member without Pension. Then you have to write to the Regional PF Commissioner of the facts.

4. It may be a system error and the EPFO has to take a call so that transfer of PF without date of joining and exit from Pension Fund is made possible.

From India, Kannur
R Chandrasekaran
Thanks Mr. Madhu for your inputs and much appreciated. Let me wait for more suggestions from others based on their experience. Best Regards R Chandrasekaran (RC)
From India, Delhi

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