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Dear Senior, If the GST department imposes any penalty on the employer due to an employee's mistake, can the employer hold his PF correction form and gratuity as per the law? There is a dispute between them.
From India, New Delhi

The employer cannot hold the gratuity payable unless the employer has conducted a domestic enquiry and in that enquiry it was proved that the company has incurred a loss (quantifiable loss) due to the negligence of the employee. The gratuity so forfeited should be equal to the loss incurred to the company. Please remember that the loss should be quantified in the enquiry. Please read section 4(6) of the Payment of Gratuity Act 1972.

The EPF is not under the control of the employer and as such the employer cannot hold the PF of the employee. The employee can very well withdraw the PF accumulations and get Pension, if eligible, without the help of the employer.

I don't know what is PF correction form.

From India, Kannur
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