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Env Coord (.)     10 January 2015

Clarification regarding p.f.

Hi Experts & Members,

Kindly clarify my doubts regarding Provident Fund(PF). I was working in an I.T. Company in Mumbai for last 5 years.
6 months back I left the company by giving 90 Days advanced-notice of resignation.
The company has not yet settled my salary dues as the company is in bad financial condition.
My employment letter mentions that I will be entitled to P.F. although I chose to opt for non-deduction of my share towards P.F.contribution.The company has never intimated me about my P.F. A/c. number during my service period of 5 years.

My query is :-

1. Whether I can claim Employer's contribution towards my P.F. ?

2. At what rate is the P.F. deducted or deposited by employer?

3. Which is appropriate forum/tribunal for seeking remedy for recovering my P.F. from my ex-Employer?

Please respond at the earliest.

Thanks & Regards,
Gaurav Rath.


 5 Replies

Env Coord (.)     10 January 2015

My Basic Salary + Dearness Allowance was Rs. 1,50,000/- per month. I served the company for 62 months.

J. P. Shah (RTI & CONSUMER ACTIVIST)     10 January 2015

Pl visit website of EPFO. It informative

Kumar Doab (FIN)     10 January 2015

Your monthly wages Rs.150000/month exceeds wage ceiling for PF of (old) Rs.6500/month, new 15000/month....................

If employer made you eligible by its choice then it would have deducted employee's Contribution @12% from your wages ( and shown it in salary slip) and added equivalent amount as Employer's contribution..........It might have proceeded with it if you had not opted out of it/

If it has shown PF contribution annual wages/in CTC sheet then you may have a chance.....

You are otherwise eligible for Gratuity and even if you have not submitted FormI employer should have supplied the Notice of Determination of Gratuity with payment of Gratuity within 30 days from separation or it has to tender interest @10%pa..........

You may submit FormI under proper acknowledgment.

You can proceed to recover unpaid wages/amounts as it is debt on employer..................

Your lawyer may opine that you can file criminal complaint u/s406,420.................and winding up petition, recovery suit.......etc. 

Env Coord (.)     10 January 2015

@ Kumar Doab : I checked my CTC sheet,there is no mention of P.F. contributions/deductions , but on 2nd page of my appointment letter they have mentioned that I would eligible for P.F. deductions.
The company has still not issued me FNF Statement.
However,they issued me a cheque for my gratuity amount of Rs. 4,47,115/- after 7 months from the last date of serving the company,although I didn't submit them(Employers) Form-I.But I did send several reminders via email to pay my salary dues,travelling expense reimbursement & Gratuity.

Will I be eligible to claim interest @ 10% p.a. for delayed receipt of Gratuity from my employer because I didn't submit Form-I while leaving the company?

Kumar Doab (FIN)     10 January 2015

You may go thru: The Payment of Gratuity Act 1972 that provides for payment even if NO application is made and interest on delayed payment................

The employer should have supplied FormI in response to your representations....

Demand original FnF statement by Redg. Post for verification and acceptance and Form16 as per correct FnF statement..............

Hope this shall suffice.

Consult an able labor Law Consultant/Service matters lawyer in person and proceed under expert advice of your lawyer..............................your lawyer may opine to decline to accept the FnF statement if it is not correct citing the errors.....

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