PF Issue - Company Gives False Joining Date - What Can Be Done?

Hi,

I am currently working in an IT company in Kerala for the past 1.5 years. While my offer letter did mention about PF and other benefits, PF wasn't implemented by the organization despite having close to 50 employees when I joined. Later, after constant pressure from employees, the company implemented PF. However, when we checked our PF accounts upon receiving UAN numbers, we discovered that our joining date was intentionally given a year late. The management has also informed us that they will not provide us with the amount we were supposed to receive for the past 12 months.

Could someone guide us on how we should tackle this issue?

Regards

Before the registration of the company with EPF, they cannot deduct and make contributions. Keep in touch with HR. It is assumed that they got registered with EPFO at a later date and started to deduct and pay the contributions from the day of registration.

While the action of the management is illegal, it is logical. They can't recover from your salary the PF deductions of the previous periods. Nor will they be willing to pay it out of their pocket. So they have taken the route of falsifying the joining dates, which is also an offence, but not likely to be actioned unless there is a complaint.

Your approach should depend on what you want to do and your career choices. If you want to remain in this company, then don't do anything. Accept the fact that at least now you are getting the PF.

If you wish, you or any other employee can approach the PF Office, and meet the PRO, vigilance, or even the Dy Commissioner and file a complaint. For that, you need proof that you were working there for more than a year. Perhaps you need to show them your appointment letter and previous salary slips.

But remember that if you do so, you are likely to soon lose your job because your company will easily identify that you went and complained, and they will find some excuses to remove you. It is also possible that the inspector who comes to check will accept a bribe and put a report showing evidence that your complaint is false. While there are tools like RTI and social media today which make them cautious in dealing with such cases, it's a long haul battle in the Indian context.

So make your choices and act accordingly.

It would be better if any of the employees who have left the company recently or are going to leave the company can come forward and complain to the PF Office, as mentioned by Mr. Banerjee, so that it would not bounce back on you.

In Form 9, the employer has submitted the date of joining the EPF as well as the period before the date of joining EPF. It appears that most of the employees were above the ceiling limit of 6500 (15000 now), and hence EPF is optional in that case.

It is falsifying, but keep in mind that, as told by Mr. Banerjee, if you or any other employee can complain to the PF Office with sufficient evidence, it may result in you or any other employee losing their job with that company, as it will be known to your employer. Now, it is your decision whether you want to proceed and file a complaint with the PF Office.