विशेषज्ञ की सलाह चाहिए?हमारे गुरु मदद कर सकते हैं
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Milind Vadjikar1223 Answers |Ask - Follow
Insurance, Stocks, MF, PF Expert - Answered on Apr 28, 2025
Asked on - Feb 06, 2025
We are a Private Limited Company with an employee strength of 60, and we strictly follow all PF rules. As per the applicable salary criteria, we contribute to the Provident Fund wherever required.
Recently, we discovered that an employee who joined our company two years ago has an existing UAN linked to their Aadhaar. However, at the time of joining, the employee declared in Form 11 that they did not have a PF account. Based on this declaration, we did not contribute to their PF account.
Now, the employee states that they were unaware of their PF account, and the UAN linked to their Aadhaar is currently inactive. Furthermore, they do not wish to activate their PF account.
Given this situation, should we present Form 11 as valid proof for non-contribution, or are there any corrective actions required to comply with PF regulations? Kindly guide us on the appropriate steps to take in this matter.
Ans: Hello;
If the organisation is such that EPFO laws are applicable and if employee 's salary is as per the threshold given by EPFO (15 K basic +DA) then you don't have an option to avoid EPF.
The EPFO commissioner may issue your organisation a show cause notice as to why the form-11 submitted by the employee was not scrutinized thoroughly when it was submitted.
You may furnish joint declaration in the prescribed format to correct the mistake in form 11 and deposit all employer employee contributions till date with penalty as decided by the EPF Commissioner.
Actually such willful suppression of facts by the employee, which bring the employer into legal issues, deserves termination.
Seek advice from a lawyer specializing in labour and EPF laws, if required.
Best wishes;
(more)
If the organisation is such that EPFO laws are applicable and if employee 's salary is as per the threshold given by EPFO (15 K basic +DA) then you don't have an option to avoid EPF.
The EPFO commissioner may issue your organisation a show cause notice as to why the form-11 submitted by the employee was not scrutinized thoroughly when it was submitted.
You may furnish joint declaration in the prescribed format to correct the mistake in form 11 and deposit all employer employee contributions till date with penalty as decided by the EPF Commissioner.
Actually such willful suppression of facts by the employee, which bring the employer into legal issues, deserves termination.
Seek advice from a lawyer specializing in labour and EPF laws, if required.
Best wishes;