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No PF Account Previously, Can I Opt Out Now?

Ramalingam

Ramalingam Kalirajan  |8933 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Aug 22, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
Shreya Question by Shreya on Jul 19, 2024Hindi
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Scenario is - A person was earlier working with a firm with less than 20 Employees so there was no PF implication. Later he joined a new company where they are obligated to adhere to PF rules. So if that person wants to opt out (considering he doesn’t have a pf account opened in previous employement ) , what are the rules regarding that? How can he opt out?

Ans: If a person is joining a company for the first time where PF is applicable, and they do not have an existing PF account from previous employment, they can opt out of the PF scheme. However, this option is available only if their monthly basic salary exceeds Rs 15,000 at the time of joining.

To opt out:

The person must fill out and submit Form 11 to their employer.

This must be done at the time of joining the new company.

Once opted out, the decision cannot be reversed as long as they are with that employer.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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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;

..Read more

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