Employer Deducted PF but Didn't Deposit It: How Can I Recover My Money?

Puttumithu
I am a sales coordinator. My employer deducted PF every month from my salary. I have payslips as proof of how much they deducted (PF amount), but they did not deposit it at the EPF office. I have checked my balance online, and it shows that the employer only paid 3 months of the PF amount, but the PF amount for the rest of the months was not paid.

This is to inform you that the company is no longer operational; it has shifted to another location, and no one is currently working in this company. We have asked our employer about our PF, but they mentioned that the company is facing losses, so they are unable to pay the deducted PF amount to the EPF office. Please advise on what steps to take in this situation.

How can I retrieve my PF amount? Your help is greatly appreciated.

Regards
Harsh Kumar Mehta
In my opinion, you can make a representation to your appropriate EPFO office describing the period of default and enclosing the proofs of such EPF deductions. You can ask them to take action against the defaulter employer and regularize and update your EPF account.

Thank you.
Adoni Suguresh
Since you are raising your query on a certain matter, you should come out with full details and include your name. Writing letters anonymously makes it difficult for us to provide opinions and expert advice in the proper way. Hiding names can lead to unpleasant situations, whereas providing the name is not wrong.

However, your query has been well answered by our learned member, Mr. Mehta. You should approach your EPFO in your jurisdiction. The Provident Fund amount will be paid by the EPFO and not by the employer. You need to make a representation by filling out Form No. 19 for Provident Fund, Form No. 10C or 10D, whichever is applicable, along with Form No. 5 and Form No. 10 duly signed by the employer who is empowered to sign. In case of any default by the company, the EPFO will recover the dues and settle your claim.

Non-remittance of Provident Fund after recovery will not only result in penalties but also in the prosecution of the employer.

Regards,
Adoni Sugturesh

Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant
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