How Can I Recover My Undeposited PF and ESI Deductions from My Previous Employer?

Hi, four years ago, I was appointed by a media company with a salary of Rs 5000 per month. However, my take-home salary was around Rs 4400 or sometimes Rs 200-300 more than that. I would like to know if there were any ESI deductions and PF deductions in my salary. If yes, kindly show me the amount that was deducted for ESI and PF.

Secondly, after six months, when I received an increment for my performance, my salary was raised to Rs 8000. Again, my take-home pay was around Rs 6000 plus. I would like to know the deduction amount here as well.

After another six months, I received a 100% increment, and my salary became Rs 16000 per month. Here, my PF was deducted at Rs 1650 per month.

Now, after leaving the company two years ago, I filed for my PF and discovered that although a lion's share was deducted from the employees' salaries in the name of PF and ESI, those amounts were never deposited in the PF office, except for a month or two. Kindly let me know how I can get back my deducted amount.

Thank you.

Are you receiving your salary through the bank? PF is calculated within the basic salary (PF 12%). For example, 3500 * 12/100 = 420. Similarly, ESI is deducted from the gross salary (up to 15000). For instance, 8500 * 4.75/100 = 404.

Thank you.

Mr. Amit Thakur is right; these questions are important to know before answering. If your PF is not deposited with the PF department and you have a PF number from your company, then you can sue the employer.

Thanks for your response, Mr. Amit.

Answer to Your Queries

1) I received my salary via bank transfer.
2) The company never provided any salary slip to its employees, and nobody knew their salary breakup, as the appointment letter did not mention the structure.
3) Yes, I received the appointment letter and the second increment letter. They did not provide any letter for the first increment. No information about the salary breakup was mentioned in these documents.

I have no idea if 1650 was the employee's share or the employer's share. My advocate and one of my colleagues told me that the 1650 amount was deducted for PF purposes.

Regards.

Hi Mr. Amit, thanks for your response.

Answer to Your Queries:

1. I received my salary via bank transfer.

2. The company never provided any salary slip to its employees, and nobody knew the salary breakup. In the appointment letter, they did not mention the breakup structure.

3. Yes, I received the appointment letter and the second increment letter. They did not provide any letter for the first increment. There was no mention of the salary breakup in these documents. I have no idea if the $1650 was the employee's share or the employer's share. My advocate and one of my colleagues informed me that the $1650 amount was deducted for PF purposes.

Regards.

It seems that you were never covered under PF and ESIC, or else you must have the PF and ESIC number. If it is there, it will be easy for you to know from which date you became a member of PF and ESIC and the actual amount deducted against these statutes. Also, if you are covered belatedly during your service period under PF and ESIC, you can raise the issues with the appropriate authorities. Under these PF and ESIC acts, it is mandatory for employers to cover their employees for PF and ESIC subject to certain predefined conditions of the act.

Thanks,
Bijay

Please let me know the procedure for claiming my PF amount from the organization I left. Will there be any company contribution towards my salary and deductions on a monthly basis?