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Hunise
Hi,

I have relieved from an organisation on 15th Jan and the employer made PF contribution in Feb month. Since Employer has made the contribution in the month of Feb, I am not able to select the Date of Exit as 15th Jan. The earliest date is available to mark is Feb 1. I have already joined new organization on 22nd Jan. So if I choose Feb 1 as my Date of Exit, there will be overlapping in the service.

What we need to do here ???
NB : In all the documents sent out to me by the employer has 15th Jan as the LWD

BR,Hunise

From India, Bengaluru
shuaibims
6

Here are some steps you can consider taking to address your situation:

Communicate with Your Previous Employer: The first step should be to reach out to your previous employer's HR or finance department to inform them about the discrepancy in the PF records. Since your Last Working Day (LWD) is documented as 15th January in all official communications and documents, request them to correct the Date of Exit in the EPFO records accordingly. Employers can update the Date of Exit in the EPFO portal, and it's important to ensure that your employment records reflect the accurate dates to avoid issues with PF withdrawals or transfers in the future.

Documentation: Make sure you have all relevant documentation, such as your resignation letter, acceptance of resignation, relieving letter, and any other communication that clearly mentions your LWD as 15th January. These documents will be crucial if you need to provide evidence of your actual LWD.

EPFO Grievance Portal: If your employer is unable or unwilling to correct the Date of Exit in the EPF records, you can file a grievance with the EPFO through their online Grievance Management System. When filing the grievance, provide all necessary details and attach copies of relevant documents that prove your LWD was 15th January.

Legal Advice: If the above steps do not resolve the issue, it might be beneficial to seek legal advice. A lawyer specializing in employment law can provide guidance on the next steps, which might include legal remedies or contacting higher authorities within the EPFO.

New Employer Notification: Inform your new employer about this situation to ensure it does not affect your PF contributions with the new organization. It's important to keep them in the loop, especially if there's an overlap in the PF contribution dates.

Avoid Overlapping: While it's crucial to get the Date of Exit corrected, make sure that there is no overlap in the PF contributions with your new employer, as this could complicate matters further.

Remember, the specific steps and their effectiveness can vary based on the details of your situation and the response of your previous employer. It's important to approach this matter systematically and keep a record of all communications and actions taken.

From India, Mumbai
Hunise
Hello Shuhaib,

Many thanks for your detailed explanation.
The main concern for me now is :-since the last contribution they credited for Feb month, does our previous employer has option to put a date of January (Jan15)?
It was not allowing me , will the case same for them also? Or they can still change to Jan 15?

BR, Hunise

From India, Bengaluru
shuaibims
6

Dear BR, Hunise
For the Employees' Provident Fund (EPF) contributions in India, the regulatory framework is quite stringent about the timelines and procedures for depositing contributions. The Employees' Provident Fund Organisation (EPFO) mandates that employers must deposit both the employee's and employer's contributions by the 15th of the following month. Here are key points regarding the adjustment of contribution dates and compliance:

Fixed Deadlines: The deadline for depositing EPF contributions is the 15th day of the following month. This means that contributions for February should typically be deposited by March 15th.

System Limitations: The EPFO's electronic challan-cum-return (ECR) filing system is designed to enforce compliance with these deadlines. Once the deadline has passed, the system generally does not allow for retroactive adjustments to contribution dates for a previous period.

Late Payments: If contributions are not made by the due date, the employer may be subject to penalties, interest, and potentially other legal consequences for late payment.

Correction of Errors: If there has been a mistake or omission in the contributions, employers can use the EPFO's mechanism for rectifying such errors. However, this is intended for correcting genuine mistakes rather than for altering contribution dates after the fact.

Employer Capabilities: Just like any other employer, your previous employer would be subject to these rules and system limitations. They would not normally be able to change the contribution date to January 15th for contributions that were due for February, especially if attempting to do so after the deadline.

Exceptional Circumstances: In exceptional circumstances where there is a valid reason for a discrepancy or a need for an adjustment, the employer may need to contact the EPFO directly to seek guidance or request permission to make such adjustments. This would likely require providing a detailed explanation and justification for the requested change.

Given these points, it's unlikely that your previous employer would be able to retroactively change the EPF contribution date to January 15th for the February contributions if the system did not allow it and the deadline has passed. Any attempt to make such adjustments should be approached with caution and in consultation with the EPFO to ensure compliance and avoid potential penalties or legal issues. If you have concerns about your EPF contributions or believe there has been an error, it may be advisable to directly contact the EPFO or seek assistance from a professional knowledgeable in EPF regulations.

Regards

From India, Mumbai
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