Employer Deducted PF but Didn't Register It – How Can I Get My Money Back?

khairnar.aarti
At my last job, the employer deducted an amount for PF, but they didn't register with PF. I left that job, and now they are refusing to pay me the PF amount. What should I do now? I have a salary slip with me.
jeevarathnam
If so, then tell the employer that you will meet with the labor officer and the PF department. Please inform me of your location and the name of the company you are from.
khairnar.aarti
If so, then tell the employer that you will meet the labor officer and PF department. Please inform me about your location and the name of the company. I am from Nasik. It was an IT company. Can you please suggest how I can claim my PF from the company?
jeevarathnam
You can meet with the company management and explain the situation. Even if they are not paying you, you should inform them, as you will be in a position to address the labor inspector.
RAMAKANT R
Questions to Consider Regarding PF Registration

Q1: Are you sure that your employer is not registered with PF?

Q2: Do you have any salary slip/certificate as proof of deduction on account of PF?

Q3: Was the clause of PF incorporated in your original appointment letter/offer of employment?

If the answer to Q1 is No and Q2 & Q3 are Yes, then this is a potential case of regular cheating. Under RTI, ask for the Employer Code from the concerned RPFC. Wait for the response to the RTI Query from RPFC. If your employer is not registered with RPFC, then they may not support you immediately. However, make sure to register a complaint with the said RPFC and issue a notice from your lawyer under IPC 420. This action may help you in recovering any outstanding debts.

Regards,
Ramakant
AK CHANDOK
Employer's Obligation Under the EPF Act

In my view, if the employer is covered or coverable under the EPF Act, then the employer will not refund the amount because sooner or later, they have to deposit the same with the PF office. In such a situation, it is advisable to take up the matter with the RPFC only, who will recover the entire default amount first along with damages and up-to-date interest, and then settle the claims.

Steps to Take if the Company is Not Covered

In case the company is not covered under the Act but has deducted the PF, the employer is bound to refund. If there is a denial, file a case in the local court.

Regards,
Chandok A.K.
RPFC (Retd.)
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