Confused About PF Deductions and Employer Contributions? Seeking Advice on Next Steps

Hi Sir, I am working in a Pvt Ltd company since 2009. I had the PF structure in my offer letter, and PF was deducted for the first few months. Then, the company decided to stop the PF system and only reverse the employees' contributions to us, that too after 1 year. Subsequently, the company started PF deductions again from October 2014, following the mandatory rule by the government.

In my salary slip, it shows PF deductions; however, the PF account number has not been received by anyone. Despite frequent inquiries to the management, we are not getting satisfactory answers from them. For the last 8 months, we have been paying our contributions with no information about the employer's contribution.

My question is, should we continue with this? And can I claim all my deductions while expecting the employer's contribution? Can you please help me out with this situation?

Thanks,
Kaliya K

Dear, if possible, collect your PF number or your UAN number from the company. Alternatively, you can collect the PF account number of your company and cross-check the same on the EPFINDIA web portal.

Hi Sir,

We have requested to give us the PF number so many times, but we never get a satisfactory answer from them. All the time, they are saying that they are working on it, and we are getting PF deducted from our salary. What should we do?

Thanks,
Kaliya

If management is not giving you a satisfactory answer, you can approach the local labor office for this matter. However, in this situation, there may be a chance that your relationship with the company could become strained. So, try to approach the HR department.

Hi Sir,

Thank you for the reply.

Actually, our company has been without an HR department for the last 4-5 months. We have been working hard with a team of 15 staff members. We are all concerned about our PF and pending leaves, which have not been maintained by the company, although we have a record of our leaves.

Our management has been deceiving us for the past year, so please advise me on what to do. Can they withhold our PF and leaves?

I have one more question. What will happen if all of us stop working on the same day? Would it be legal?

Thank you,
Kaliya.

Alternative Solutions to Striking

Stopping the work (i.e., striking) is not a remedy for this at this point in time. You have other options like representing before the PF Enforcement Officer and involving him in the issue. When it is an issue in which all employees are involved, the management cannot make any excuses or victimize one or two persons by illegally terminating him/her for their act of informing the PF authorities of the employer's breach of rules. Certainly, the office climate will change with this.

Regards,
Madhu.T.K

You can search on the EPF site to see if your company has registered itself on the EPFO website. To do this, first, go to the following link: [Establishment Information Search](http://search.epfoservices.in/est_search.php). Please enter a part of your company name in the field "Also search on Estt. name (enter a few characters of estt. name or in full)" or you can search using the pin code. Click on the search button, and you will get the details of the company's contributions. You can also find out the names of the staff for whom the contributions have been made. If your name is listed, there's no need to worry. Otherwise, you can check with the management regarding the EPF status.

Please let me know if you need any further assistance.

Best regards

Hi Madhu and HR 345, Thanks for the reply and valuable suggestions. I have checked through the given link, but there is no record for our company. We are receiving partial payments or experiencing delays in salary every month for the past 12-13 months. It has become a big headache for 5-6 people as we are badly stuck with more than 50 pending leaves as well as PF contributions.

Notice Period and Pending Leaves

One of my colleagues wants to leave this job, but management is asking for one month's notice period. Is it fair if he has more than 50 leaves pending with the company? Can he give a shorter notice period of 10 days?

Seeking Contact for Complaint

Can you please provide me an email address or contact number where I can lodge a private complaint? Is it appropriate if I raise this issue collectively with all staff?

Looking forward to your reply.

Thanks, Kaliya K

Dear Kaliya,

If you have made up your mind to file a complaint, it's better to visit the nearest labor office and explain all your concerns. However, you must have proof to support all your statements. Please be aware that your complaint may not remain confidential, as labor officers might visit your office to investigate, and the employer could find out that the complaint was lodged by you. Therefore, before proceeding with any complaint, think carefully.

Thank you.

Issue with PF Contributions and Company Closure

We spoke with our directors about the Provident Fund (PF), and they initially gave us a final date of 15th February. However, they are now saying they will submit the PF amount by the end of this month. We have informed them that we will approach the labor officer, but the directors are saying that we can do what we want, and they will manage it. What should we do?

I have confirmed news that they are planning to close this company and are ready to start a new company with the help of a new financier. They are even prepared to retain only 5-6 members from our current team for the new company.

Eligibility for Gratuity

One more thing, if someone has worked for 4 years and 6 months in the company with 70 pending leaves, and the company shuts down, will that person be eligible for Gratuity?

Thanks,

Kaliya K.