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epf and esi

(Querist) 11 September 2013 This query is : Resolved 
I am working in a cbse affiliated private school. The principal stoped deducting my epf. My pf was deducting from 2 years. What should i do. Can i complain in epf office.
Thay are not deducting esi for entire staff(120 members). what should i do for imply esi for entire staff.
M.Sheik Mohammed Ali (Expert) 11 September 2013
you make complaint concern officer
Sudhir Kumar, Advocate (Expert) 12 September 2013
Your query is vague you have not specified for how much period the PF was deducted and whether it has been deposited with EPFO or not?

You have also not stated since when deduction has been stopped?

You have also not stated whether you represented orally/writing to school and what reply orally/writing has been given to you?

you have also not stated whether PF was being deducted on the deflated wages which private schools give or on the wages which are reported to CBSE/DEO?
Sudhir Kumar, Advocate (Expert) 12 September 2013
Based on the facts derived from above questions you should make a written complaint to the RPFC wherein you have to specifically mention that you are enrolled and deduction is stopped despite you being in service and request for proceedings under section 7A and make specific request that you being allowed to attend hearings.

You can also use RTI to know if deposits are made for the period of deduction and if deposits contain employer share as well, report of any EO who visited the school in between.

You can also use RTI to DEO / CBSE to know actually how much wages are being reported to them. N.B. Generally schools submit report to DEO/CBSE that they are paying wages at Govt rates. SO they can be compelled to deposit PF at such rate.
Rajendra K Goyal (Expert) 12 September 2013
Well advised by the expert Sudhir Kumar ji, nothing more to add.
V.T.Venkataram (Expert) 12 September 2013
If you complain, your employer may attempt to implicate you in some other charge, and dismiss you from service.Therefore, you can ask any one of your friends , to seek information from ESI & PF authorities under section 6(1) of RTI, as to why the particular employer has stopped deduction and what action the authorities contemplate to take in the matter. The authorities are BOUND TO ANSWER WITHIN 30 DAYS AND TAKE ACTION TOO!!. Please donot disclose that you are behind this so that you can avoid victimisation. I was associated with a number of Trade Unions, and hence i am giving you a practical idea.


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