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Anonymous
Dear Seniors, I wanted to raise a query. Suppose my employee resigns in Mar'18, and due to some issue, his Full and Final settlement was made in the month of July'18, i.e., after 4 months. I want to deduct EPF on the payable amount. Now, my problem is as follows:

Issue with PF Form 10

1. I have already shown his last working day in PF Form 10 as 16.03.2018, so I will have to again show him as rejoined in July and again exit in July'18 just to pay his EPF deducted in FnF, that too for a salary pertaining to March'18.

Employee Status During FnF

2. If I don't show his last working day in Form 10 and wait till FnF, then I will have to show him as an existing employee with zero salary (i.e., full month absent) for continuous four months.

Impact on PF Transfer

3. The employee is already working somewhere else. Now, if I don't show him as exiting from my organization, then the employee won't be able to transfer his PF money to the new employer.

ESI Deduction After Employment Elsewhere

4. Lastly, after 4 months, when the employee is already working with some other organization, can I deduct his ESI and deposit the same?

Kindly help me out in this case. What should be the best practice to handle these situations?

From India, Kolkata
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Anonymous
51

Handling EPF and ESI Deductions During Full and Final Settlement

In the scenario described, there are specific considerations to address regarding EPF and ESI deductions during a delayed Full and Final (FnF) settlement. Here are the recommended steps:

1. [📝] Reconciliation and Documentation:
- Reconcile the employee's exit date and the delayed FnF settlement date to ensure accurate documentation.
- Update PF Form 10 to reflect the correct exit date and subsequent rejoining and exit in July'18 for EPF processing.

2. [📋] EPF Deductions:
- Deduct EPF on the payable amount for March'18 during the delayed FnF settlement. This may require adjustments in the records to reflect the correct employment status.

3. [💼] Employment Status:
- Update the employee's status accurately to facilitate PF transfer to the new employer, ensuring compliance with EPF regulations.

4. [💰] ESI Deductions:
- As the employee has already left the organization and is employed elsewhere, ESI deductions are no longer applicable post-employment. Therefore, ESI deductions should not be made during the delayed FnF settlement.

5. [⚖️] Legal Compliance:
- Ensure adherence to labor laws and EPF regulations specific to Kolkata, India, to avoid any legal repercussions.

6. [⏳] Timely Resolution:
- Promptly address discrepancies in documentation and ensure timely resolution of EPF deductions to avoid delays or penalties.

By following these steps, you can effectively manage EPF and ESI deductions during a delayed Full and Final settlement while ensuring compliance with legal and regulatory requirements in Kolkata, India.

From India, Gurugram
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