Employer Not Contributing to EPF for 21 Months – Need Guidance

Community Forums Legal Advice India Employer Not Contributing to EPF for 21 Months – Need Guidance

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    • #69220 Reply
      User_3c0f1fde
      Participant
        U
        User_3c0f1fde
        PARTICIPANT
        January 22, 2025 at 2:17 am
        I’m in a very difficult situation and need advice. My employer hasn’t been contributing to my EPFO account for the past 21 months, even though deductions are regularly made from my salary, as reflected in my payslips.

        For the last 17 months, I’ve been exchanging emails with the HR department and management to resolve this issue. I even have written confirmations from the HR director, promising specific dates by which the dues would be cleared. Unfortunately, they haven’t followed through on these promises.

        I’ve also raised grievances twice on the EPFO portal, but no effective solution has been provided. I’m feeling completely helpless now. I urgently need to withdraw partial claims for my financial needs, but I also don’t want to risk losing my job by being too aggressive with my employer.

        If anyone has dealt with a similar situation or knows how to approach this legally and professionally, I’d greatly appreciate your guidance.

      • #69223 Reply
        User_7562aa5b
        Participant
          U
          User_7562aa5b
          PARTICIPANT
          January 22, 2025 at 3:16 am
          You need to talk with labour department and sue the company director along HR director
          #
          My best will be to do it after resigning securing a new job and getting your receiving certificate

        • #69222 Reply
          Ashishmaster940
          Participant
            A
            Ashishmaster940
            PARTICIPANT
            January 22, 2025 at 7:26 am
            Lawyer here:

            For delay above 6 months, employer is liable to pay penalty @ 25 % p.a. (subject to a maximum of 100%).

            File a complain to the department.

            • #69225 Reply
              User_3c0f1fde
              Participant
                U
                User_3c0f1fde
                OP
                January 22, 2025 at 1:30 pm
                Which department?

            • #69221 Reply
              User_bf422a80
              Participant
                U
                User_bf422a80
                PARTICIPANT
                January 22, 2025 at 7:43 am
                I thought the EPFO enforcement officer took cognisance of unpaid PF, since the data is online available at their portal.

                What is the enforcement officer job profile?

                • #69224 Reply
                  User_3c0f1fde
                  Participant
                    U
                    User_3c0f1fde
                    OP
                    January 22, 2025 at 1:35 pm
                    Based on the complaint received regarding non remittance of PF from the members, an inspection has been allotted to the Area enforcement officer to the establishment. Necessary action will be initiated after the receipt of the Area enforcement officer inspection report.

                    This was the response I got for raising grievance second time on 17/9/2024.

                    It has been more than 4 months already but action or solution provided so far.

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