(Guest)

Eligility for pf

Respected Sirs/Madam,

Mr. A died in a road accident on duty. When legal heir of Mr A approached the employer company for the PF benefits, the company informed the legal heir that Mr A was not eligible for PF contribution. So PF was not deducted and contributed. Hence, Mr. A's legal heir lost the benefits available under PF schemes.

Mr. A joined company as a driver in July, 2017. He died in Dec 2019 on duty. We dont have his December month salary details. His salary details when joining in July,2017 and Nov, 2020 are in excel file attached.

Queries:

Please advice, whether Mr A was eligible for PF contribution or not.
If eligible, can legal heir can ask compensation from the employer for lost of his benefits under PF schemes?

We humbly request your kind guidance. Thank you very much.

Reply Follow

5 Replies

Adv Vinay Mathur + 8447131770 (Advocate) 09 November 2020

how many employees are working in the company.

(Guest)

Sir,

More than 100 emplyees are working sir.

Please advise sir.

Thank you very much sir

Adv Vinay Mathur + 8447131770 (Advocate) 09 November 2020

If salary amount is above Rs 6500/- then it is optional for the company to deduct PF. it seems He hasn't opted of PF deduction.

But you can claim for accident from the company if you haven't already.

Pradipta Nath (Advocate) 09 November 2020

1. Yes the deceased employee is eligible for his PF facilities.

2. The legal heirs can demand the benefits from the employer.

Sudhir Kumar, Advocate (Advocate) 13 November 2020

You may written complaint of evasion to regional provident fund commission of the area where the company is working or registered in PF for action udner section 7A requesting for the complaint to be allowed to be present on each hearing.