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Shradha Giri   07 December 2023

My previous company did not do epf contribution

Hi

I used to work for a school in Delhi (A) in 2018. The school kept me on contract for 2 years and gave me a lumpsum salary of Rs 40000. There was no break up of my salary.

Before joining that school(B) I use to work in another school where my salary was Rs 35000 and I had EPF account.

When I joined this school in 2018 the school refused to make contribution to my existing EPF account as they said there was no contribution of EPF to contract employee.

Then in 2020 when I was brought on roll I was asked to contribute to EPF account.

 

Shradha Giri

When I was working with them I was under the impression that the school was making a EPF contribution of my  EPF account of school (B)

Now when I resigned I realized on checking my EPF balance that the school had generated another UAN number and started making fresh contribution without taking into consider my EPF account of school B.

When I spoke to school B they gave me a UAN number which was generated in 2018.

I confronted school A that how did they generate two UAN when my adhar and pan are the same in both UAN.

I have lost my pension contribution too due to non continuous service.

What can I do should as School A indulges in malpractice of not giving contract employee EPF ,Gratuity Bonus.

Please advice



Learning

 4 Replies

Real Soul.... (LEGAL)     07 December 2023

you should file a complaint against them in labour court and claim your benefits

Sanskriti Tiwari   07 December 2023

In situations like these, it's crucial to understand your rights under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. According to this act, all establishments with more than 20 employees are mandated to provide EPF benefits to their employees.

Regarding the issue of multiple UANs generated by School A, the EPFO allows merging multiple UANs to prevent loss of benefits. You can file for the merger of these accounts through your employer or directly with the EPFO by submitting a joint declaration form.

As for the non-provision of EPF benefits during your initial contract period, if School A had more than 20 employees during your tenure, they were obligated to contribute to your EPF, regardless of your contract status. You might need to collect evidence of your employment, salary details, and attempts to receive EPF benefits during that period.

Regarding gratuity and bonus, these are generally applicable as per the Payment of Gratuity Act, 1972, and company policies. It's essential to review your employment contract and policies in both schools regarding these benefits.

Consider seeking legal advice or contacting the EPFO for assistance, as they can provide guidance and support in resolving issues related to EPF contributions and ensuring you receive rightful benefits.

T. Kalaiselvan, Advocate (Advocate)     08 December 2023

You can appraoch the commissioner of PF department with a complaint against the previous employer for this mal practice and get the relief 

Sudhir Kumar, Advocate (Advocate)     09 December 2023

Labour ourt has no jurisdiction.

 

submit a written complaint to the regiona PF commissioner requesting action under section 7A of the EPF(MP) Acr 1952 and request you to be given oppurtuinity to be preent in all proceedings.


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