Dear Seniors, I wanted to inquire about PF. One of my friends has quit his company and applied for PF after two months, but the company is not processing the PF application because, though the company deducted from employees, they have not remitted the amount to the PF office. Not only one staff but there are many people who are facing the same problem. Kindly suggest any suitable action to retrieve the PF amount.
Thank you in anticipation.
Regards,
G. Anand Kumar
From India, Kochi
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1Thank you in anticipation.
Regards,
G. Anand Kumar
From India, Kochi
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Please share the resignation date of your friend and the date the EPF claim request was filed, along with the status of the claim first. Also, I would like to know how you or your friend discovered that the company has not fulfilled their obligation, specifically not depositing the deducted EPF amount to the EPF office. Moreover, it seems to me that your friend has never attempted to communicate with the HR department of the employer/company; otherwise, he/she would have known the reasons for this problem. Therefore, how can your friend and you make this claim?
The best way is to meet with the HR Department personnel of the company directly before assuming anything about the company's work system and procedures or claiming that they are not working properly. Ask your friend to visit the company and inquire about the status of the claim request. They will certainly provide answers to all your friend's questions.
From India, Gurgaon
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The best way is to meet with the HR Department personnel of the company directly before assuming anything about the company's work system and procedures or claiming that they are not working properly. Ask your friend to visit the company and inquire about the status of the claim request. They will certainly provide answers to all your friend's questions.
From India, Gurgaon
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Dear Sir, Thank you for your reply. I wish to bring to your attention that the company has not remitted the amount to PF for one year. This is the reason why they are not processing the claim forms submitted to the HR department. Every time he meets with HR, he is directed to the admin, who mentions that the company is facing financial problems and assures that things will be settled soon, but there is no definite answer. It is not just my friend's claim that has been pending since last April; even those who have left are encountering the same issue.
Appropriate Course of Action
Could you kindly advise on the appropriate course of action?
Thank you, Anand
From India, Kochi
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Appropriate Course of Action
Could you kindly advise on the appropriate course of action?
Thank you, Anand
From India, Kochi
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(Fact Checked)-The company is obligated to remit PF contributions promptly. Contact the PF office directly and file a complaint with the labor department for non-compliance. Thank you for seeking advice on this matter. (1 Acknowledge point)
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EPF Returns and Claim Procedure
No matter whether the company has financial problems or not, they must file their EPF returns, which is one of the statutory conditions. As soon as they perform this task and the EPFO updates it in their system, the claim procedure can be adopted.
Secondly, now you also know the main problem that is bothering you, and not just you but all the employees who are in the same situation, including the employer itself. Therefore, you are advised to wait for some more time until the employer completes their EPF return, and later you can process your EPF claim request.
Rest assured that every single paisa deducted by the employer on account of EPF contribution by the employee/you and their own share (as per statutory condition) is always yours.
From India, Gurgaon
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No matter whether the company has financial problems or not, they must file their EPF returns, which is one of the statutory conditions. As soon as they perform this task and the EPFO updates it in their system, the claim procedure can be adopted.
Secondly, now you also know the main problem that is bothering you, and not just you but all the employees who are in the same situation, including the employer itself. Therefore, you are advised to wait for some more time until the employer completes their EPF return, and later you can process your EPF claim request.
Rest assured that every single paisa deducted by the employer on account of EPF contribution by the employee/you and their own share (as per statutory condition) is always yours.
From India, Gurgaon
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No problem, your friend can directly approach the regional PF office and meet with the PF commissioner or PF Recovery Officer to lodge a complaint. Your friend should provide their EPF number and establish their name. The authorities will then proceed and may have the chance to freeze their company's account directly through the bank by issuing an attachment order without the company's knowledge.
From India, Mumbai
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From India, Mumbai
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I haven't heard this before. Why would EPF freeze the company account without the knowledge of the company or direct it to a bank account? Kindly elaborate.
If the employer has not paid the challans, then it is not possible to claim, but the solution, according to me, is that the person can approach the regional PF office and file a complaint with proof of PF deductions from their salary. The inspector will inspect the company, checking whether the challans were paid on time with the correct amount. If the challans were not paid, then the company has to pay all the due challans along with penalty damage fees for late payment with interest. This penalty can be significant as the employer deducted from the employee's side but did not pay to EPFO. For online challans, no returns are required to be submitted. Only after this, the employee can claim their PF.
Another question arises as to why the employee did not ask for yearly PF slips while on the job. PF slips contain statements regarding the previous year's balance, year-end deposits, and interest paid.
Thanks
Regards,
Abhishek Das
From India, Kashipur
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If the employer has not paid the challans, then it is not possible to claim, but the solution, according to me, is that the person can approach the regional PF office and file a complaint with proof of PF deductions from their salary. The inspector will inspect the company, checking whether the challans were paid on time with the correct amount. If the challans were not paid, then the company has to pay all the due challans along with penalty damage fees for late payment with interest. This penalty can be significant as the employer deducted from the employee's side but did not pay to EPFO. For online challans, no returns are required to be submitted. Only after this, the employee can claim their PF.
Another question arises as to why the employee did not ask for yearly PF slips while on the job. PF slips contain statements regarding the previous year's balance, year-end deposits, and interest paid.
Thanks
Regards,
Abhishek Das
From India, Kashipur
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