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EPFO: What an employee can do if their employer delays PF contributions?

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EPFO: E-learning firm BYJU’s on Tuesday reportedly remitted remaining PF contributions for workers after a protracted delay. The embattled firm was going by way of Staff’ Provident Fund Organisation (EPFO) scrutiny and swung into motion underneath stress.

Although delaying contributions by employers is just not a typical drawback, it’s the proper of each worker to get PF contributions from their employers on time.

Additionally it is obligatory for each employer to deposit the EPF contributions into an worker’s PF account inside 15 days of the earlier month’s wage fee.

Any delay in depositing PF invitations curiosity fees, penalties, legal fees, and imprisonment as per the EPF Act.

On the identical time, each worker should know concerning the authorized cures that they will absorb case of PF delays.

On this write-up, we are going to let you know what an worker can do if their employer delays PF contributions.

Curiosity penalty: The EPFO has the best to impose an curiosity penalty if an employer delays PF contributions.

On the idea of a criticism from an worker, the EPFO can arrange an inquiry by the retirement fund regulatory physique and provoke motion in opposition to the employer.

Police criticism: An employer can file a police criticism in opposition to the employer underneath sections 406 and 409 of the Indian Penal Code (IPC) for legal breach of belief.

Apart from that, staff may also strategy the chief vigilance officer appointed by the labour ministry.

EPFO Motion: If an worker lodges a criticism to EPFO that their employer has defaulted on PF contributions, the PF organisation underneath Part 14-B of the Staff’ Provident Funds and Miscellaneous Provisions Act, 1952, has the authorized authority to get well injury from the employer.

Request a duplicate of Kind 12: Kind 12 has the small print of quantities recovered from staff and contributions remitted for EPF, the Worker Pension Scheme, and the Staff Deposit Linked Insurance coverage Scheme.

An worker can ask for it from their employer.

If the employer does not give it, staff can file a Proper to Info utility with the regional EPFO to get Kind 12.

For denying them Farm 12, the staff may also file a criticism with the police underneath IPC sections 406 and 409 by the EPFO for taking essential motion in opposition to the employer.

Punishment: Denying an EPF contribution to an worker is a legal offence. An employer can face extreme penalties for it, together with imprisonment for as much as three years, a effective, or each.

In extreme circumstances, the magnitude of punishment could be determined underneath Part 409, which carries imprisonment for as much as 10 years or life together with a effective.

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