Hi, I would like to know if any employees have chosen not to deduct PF by signing into the consent letter. She later decided to deduct PF, whether it is possible or not. Regards Shubham
From India, New Delhi
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From India, New Delhi
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Hi Any employee who is already covered under EPF & they same can’t opt out from EPF coverage until & unless employee withdraws fully
From India, Bangalore
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653From India, Bangalore
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If at the time of joining, you have collected Form 11 from the employee, and in that, she has declared that she was not a member of PF (with her previous employer), then your exclusion of the employee from PF for the reason that her salary (PF qualifying salary) exceeds Rs 15,000 will be legally maintainable, and she cannot demand PF at a later stage. However, if you had not collected a declaration in Form 11, and the said employee is an existing member of PF, meaning she had a PF account at the time of joining, then she can ask for PF even with retrospective effect from her date of joining. In such a scenario, you will have to cover her from the date of joining your establishment and pay both the employee's and employer's contributions together with interest and damages.
A 'consent letter' that you collected has no legal validity. It can also backfire as an attempt to create a negative covenant or an agreement against the law, which is not valid.
Now, what you have to ask her is to produce the UAN. If she produces the UAN, then she has the right to get enrolled in PF. On the other hand, if she does not submit it, you can deny her demand on the ground that an employee who is not an existing member of PF need not be covered if his/her salary is above Rs 15,000.
From India, Kannur
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A 'consent letter' that you collected has no legal validity. It can also backfire as an attempt to create a negative covenant or an agreement against the law, which is not valid.
Now, what you have to ask her is to produce the UAN. If she produces the UAN, then she has the right to get enrolled in PF. On the other hand, if she does not submit it, you can deny her demand on the ground that an employee who is not an existing member of PF need not be covered if his/her salary is above Rs 15,000.
From India, Kannur
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