The company has deducted PF from May 2013 onwards, but they paid from June 2013 as they got registration with effect from June 2013. The company says that the deducted amount will be given back to employees without employer contribution (No Employer contribution). Is this right as per the law? The company committed to PF from May 2013 in the offer letter.
From India, Thanjavur
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From India, Thanjavur
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As per my views, there is no harm in paying back the deducted amount, as they are not retaining the amount after deducting it in the name of the PF Fund. Since the company received the registration later than that date, they cannot take any action on this matter. However, returning the deducted money is a positive step. Otherwise, the company could face potential trouble.
Regarding the Commitment in the Offer Letter
If the company itself was not covered on that day, how will it cover you? Therefore, it is better for the company to reimburse the deducted amount to the employees and ensure regular compliance from the date of coverage.
Thank you.
From India, Delhi
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163Regarding the Commitment in the Offer Letter
If the company itself was not covered on that day, how will it cover you? Therefore, it is better for the company to reimburse the deducted amount to the employees and ensure regular compliance from the date of coverage.
Thank you.
From India, Delhi
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Your company is right in refunding the contribution deducted from your salary for May 2013, even though there was a commitment by your company that the PF scheme would be extended to employees from May 2013. Since your company received registration in June 2013, they cannot make remittance for May 2013, and therefore, they have no other option but to refund the amount.
It is a matter of only one month. If you wish to sue the company for false commitment and for the employer's share being part of CTC, you can do so. I cannot give you a different answer here.
From India, Mumbai
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It is a matter of only one month. If you wish to sue the company for false commitment and for the employer's share being part of CTC, you can do so. I cannot give you a different answer here.
From India, Mumbai
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Dear Anishkv6, In my view, suing your organization for the difference of only one month will not be a wise decision, especially when the reason was beyond the control of your employer. It will also strain your relationship with the employer.
Considerations for Employees
As a good employee, you may consider advising the management to issue a letter to all such employees or post a general notice on the organization's notice board informing them about the EPF coverage date. This action could strengthen your relationship with the organization.
Now, the decision is yours.
Regards.
From India, Delhi
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Considerations for Employees
As a good employee, you may consider advising the management to issue a letter to all such employees or post a general notice on the organization's notice board informing them about the EPF coverage date. This action could strengthen your relationship with the organization.
Now, the decision is yours.
Regards.
From India, Delhi
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Please don't accept the money without the employer's contribution. If they mentioned it in the offer letter, it means they are already in line with all the statutory compliances. Deducting EPF and not paying it to EPFO is a crime; this kind of crime was the first charge in the case of Kingfisher.
So, the company has to pay you the EPF money along with the employer's contribution. If you have your payslip with deducted EPF for that respective month, you can file a labor case against the company.
Take the right decision.
From United States
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So, the company has to pay you the EPF money along with the employer's contribution. If you have your payslip with deducted EPF for that respective month, you can file a labor case against the company.
Take the right decision.
From United States
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Legal Clarification on Termination for Criminal Case & PF Contribution Reduction.pdf