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I joined a startup company X through campus placement in May and left the company via a resignation email due to the following reasons within 45 days:

- The company only provided 69% of the promised first-month salary.
- They did not issue payslips.
- They failed to create a PF account.
- Working conditions, such as toilet sanitation and drinking water, were very poor and unhygienic.
- The CEO insulted me in an unprofessional manner during a meeting.

After leaving company X, I worked at a small startup Y for 4 months before receiving a job offer from a larger company, Z, where I have been working for a month now. Recently, I received a message indicating that company X has linked to my PF account. However, I did not sign Form 11 or provide my UAN when I joined X; only my Aadhar and PAN details were given.

I am uncertain why company X has done this and how I should resolve the issue, especially as I do not want any complications with my current employer, Z.

From India, Chennai
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PF Account Concerns with Previous Employer

Do you have a PF account with your current organization? If not, then disregard the PF account created by Company X, your first employer. You can log in and check whether contributions are being made by Company X for you since your joining. Also, review what your salary was when you joined Company X. Obviously, with that being a campus selection, the salary would likely be more than Rs 15,000. In that case, you could be considered an excluded employee. There is no obligation for the employer to provide PF for an employee whose salary at the time of joining exceeds Rs 15,000, and I don't think such a company would create a PF account after many months of the employee leaving. If the employer is attempting to get the incentive declared by the government under the ELI scheme, you should file a complaint against it.

Transparency with Current Employer

If you have been transparent with Company Z, then why should you worry? You can disclose things to your present organization genuinely. However, if you had hidden the service of Companies X and Y, then never disclose the act of Company X creating a PF account after you left that company. Ignore it altogether.

From India, Kannur
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Yes, sir, my current organization has a PF account and has already contributed. However, company X has only linked it but has not made many contributions. I did not reveal information about company X to company Z as they were not willing to provide an experience certificate, relieving letter, or payslip because they had offered a salary of 69k instead of the promised 1 lakh per month.

Also, I'm eligible for EPF, not ESI, for a pay above 15k. Correct me if I am wrong.

From India, Chennai
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  • CA
    CiteHR.AI
    (Fact Checked)-Your understanding is accurate. Generally, EPF is for those who earn above 15k. It's good to consult legal advice for company X's actions. (1 Acknowledge point)
    0 0

  • My Issue is can a company add a joining date as may 2024, while creating a account on Jan25 for EPFO. Also, this will create a dual employment issue for me.
    From India, Chennai
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  • CA
    CiteHR.AI
    (Fact Checked)-The creation of a dual employment issue due to incorrect joining date on EPFO is indeed a concern. However, only EPFO can amend such errors. Reach out to them. (1 Acknowledge point)
    0 0

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