• PF amount deducted by the company but not yet submitted to my PF account even after 2.5 years

PF amount was deducted for Dec 20, Jan 21 and Feb 21 but those are still not reflecting in my PF passbook. Company says that this was deposited as DD for all the employees during COVID time and PF office has not been able to reconcile as yet.
I left the company in November 21. The issue is still unresolved.
I am not able to withdraw full amount. Company has been assuring of resolution, but it has been +1 year they have not been able to do anything in this regard.

Please advise my options.
Asked 3 years ago in Labour

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9 Answers

You can approach the PF authorities and confirm the status of your PF account and the deposit of the said amount by your company with the PF authorities.

If it is confirmed that your company has not deposited the amount you may issue a legal notice to your company demanding the same and sort it out expeditiously failing which you may resort to appropriate legal action for relief.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Hello,

  1. You must get a legal notice issued to the Company regarding the PF amount .
  2. If they fail to resolve the issue you can sue the company in a court of law.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

If company has failed to deposit your PF amount raise grievance with EPFO 

 

2) EPFO can take Action under section 406/409 of Indian Penal Code (IPC) against the employer for non-payment of employees’ share of contribution deducted from the wages/salary of the employees but not deposited in the Fund.


3)(iii) further Action under Section 7Q of the Act for levy of interest for belated remittances. (
iv) Recovery actions as provided under Section 8B to 8G of the Act.

(v) Action under section 14 of the Act for filing prosecution against the defaulters before the competent court of law.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

You can file complaint against EPFO and company before consumer forum for failure to take any action for recovery of your PF amount 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It is high time that you resort to the physical communication by sending your correspondence by registered post to your company and also to the PF office instead of taking a short cut route of corresponding with them through email. 

You can take the assistance of an advocate for handling the issue properly and effectively provided you are really serious about getting desired relief. 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

You can personally visit to Mumbai PF office and can check all the details what's exactly is going on. Before coming to Mumbai get PF account link with Aadhaar & PAN.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Tell company to provide deposit proofs to you and produce the same to PF office and tally

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

An employee need not close the EPF account with the previous employer while switching job, instead can transfer the PF account to the new employer. PF fund is regarded as a safe long-term investment for employees which is backed by the Government of India.

Therefore, if an employee is working and wishes to continue working by switching jobs, then it is recommended to make EPF transfer than withdrawing as the PF amount remains as ideal savings for retirement. You can raise your grievances online through a tool called Grievance Management System.

 

Thank You.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Apply under the RTI Act to know the action taken by the PF authority on your claim. Move the high court under its Writ jurisdiction for an appropriate order against the PF authority. Good luck.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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