How Can Employers Fix Missing EPF Contributions Due to ECR Generation Failure?

T.Thirumurugan
Dear Sir/Madam,

From November 2016 to September 2020 (3 years 11 months), the employer deducted the EPF employee contribution (12%) from the employee's salary. However, the employer failed to generate ECR during this period. As a result, the PF contribution was not remitted to EPFO due to the lack of ECR generation.

If the employer intends to rectify this situation, they must pay both the PF contribution (EE Share + ER Share) along with PF damages and interest for the late deposit of contributions (14B and 7Q) to EPFO from November 2016 to September 2020.

Alternative Approaches and Solutions

Is there any alternative approach to address these issues effectively? Are there other solutions available in this scenario? What is the correct way forward?

It is crucial to note that the employee count is a maximum of 6, and all employees' EPF (BASIC) wages exceed 15,000. Some employees wish to withdraw their PF amounts. However, the reality is that the employer has not generated ECR or remitted the deducted amounts from employees' salaries.

Kindly provide guidance and solutions to address these concerns effectively.

Thank you.
bijay_majumdar
Employer Responsibilities Regarding EPF Dues

If you are an employer, you may have to pay all the dues provided you have registered your firm and your employees. EPFO will take appropriate action.

If the employer has deducted EPF from employees' salaries and not deposited it, it is an unfair practice.
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