Understanding PF Form 5: When Should It Be Filled for New Employees?

Dear Seniors,

Please advise when we need to fill out Form 5 under the PF Act. Is it when there is a new joiner in my company (no matter if he is already covered under the PF Act in his previous company), or is it when a new joiner in my company is not yet covered under the PF Act and it's the first time he will be covered?

Thanks to all.

Regards,

Dear Friend,

Don't think about his previous employment, whether he is covered under the Provident Fund or not. In his case, you have to submit Form No. 5 to the P.F. department along with monthly returns since he first joined the company. As per the P.F. Act, we are required to submit Declaration Form No. 2 and Form 5 to the P.F. department within fifteen days from the date of joining.

Wishing you all the best.

Hi Sir,

Thank you for the clarification.

Could you also clarify whether, in the case of a new joiner, it is necessary to file Form 2 if their previous company had already filed it during their earlier employment (assuming they were working and had a PF account)? Or does the process need to start over in this new company for the appointment of a nominee by filing Form 2? I am asking this because typically, the PF account of an employee remains the same when they change jobs, so why would a fresh Form 2 be needed?

Additionally, could you shed some light on whether the 15 days mentioned is from the date of joining or 15 days from the end of the month of joining?

Thanks & Regards,

Dear Friend,

For your information, the PF number keeps changing from company to company. It will not remain the same under any circumstances as per PF norms. Maybe they will introduce something similar to ESI in the future; they recently introduced smart cards, and this number is the same all over India.

We must submit Declaration Form No. 2 of the employee after they join. As per PF norms, we need to submit the Declaration form within 15 days from the date of joining. For example, if an employee joins on the 1st, we need to submit it before the 16th of the month. If we fail to submit the same within the stipulated time, at least we have to submit it along with the monthly returns.

I hope this clarifies your doubts.

Wishing you all the best.

Dear Sir,

As you wrote that Form 15 should be submitted no later than the monthly return submission, the company submits (pays PF) before the fifteenth of the next month but submits Form 5 on the eighteenth of the next month. Is this a default? I would also be grateful if you could please provide the basis for the opinion expressed. (Please include relevant text)

Thank you!

Also, please guide in a scenario where an employee leaves the company on May 29th, 20th, etc. The company fills out Form 10 with the heading as "Return of members leaving service during the month of June," but in the column below it correctly states the date of leaving service as May 29th, 20th.

Based on the above circumstances, the company justifies that for employees leaving service in the month of May, they can fill out Form 10 in July. Consequently, they deposited the same on July 21st (Form 10) for employees who left in May.