Hi Seniors,
We have come across something in our organization which is quite unique.
In the last few days we have been in the process of linking Aadhar Nos with the respective UANs for the active members in our organization. We are asking for Aadhar No from the employees individually.
One of the employees refused to give us his Aadhar No stating the verdict of the Constitutional Bench of the Apex Court from 2015 which states Aadhar is voluntary not mandatory.
We countered him by saying yesterday's verdict of SC which stands the notification made by the GoI which says Aadhar Linking is mandatory if you have it.
But he again replied that the very foundation of Aadhar is in question in regards to violation of right to privacy of Indian constitution and this matter is due for a hearing in front of a constitutional bench. So hence by law he will adhere to the last verdict made by the "Highest Possible Bench of the Apex Court".
We have no idea what should we do now? Can we go ahead with any kind of disciplinary action against him? And if we don't link his Aadhar with his UAN what are the problems that we are going to face?
I mean we have no clue.
Can somebody throw some light on this issue?
Thank You.
From India, Kolkata
14We have come across something in our organization which is quite unique.
In the last few days we have been in the process of linking Aadhar Nos with the respective UANs for the active members in our organization. We are asking for Aadhar No from the employees individually.
One of the employees refused to give us his Aadhar No stating the verdict of the Constitutional Bench of the Apex Court from 2015 which states Aadhar is voluntary not mandatory.
We countered him by saying yesterday's verdict of SC which stands the notification made by the GoI which says Aadhar Linking is mandatory if you have it.
But he again replied that the very foundation of Aadhar is in question in regards to violation of right to privacy of Indian constitution and this matter is due for a hearing in front of a constitutional bench. So hence by law he will adhere to the last verdict made by the "Highest Possible Bench of the Apex Court".
We have no idea what should we do now? Can we go ahead with any kind of disciplinary action against him? And if we don't link his Aadhar with his UAN what are the problems that we are going to face?
I mean we have no clue.
Can somebody throw some light on this issue?
Thank You.
From India, Kolkata
Hi Mr.Arnab,
Quite interesting. Normally employee will not object for updating the Aadhar card in records. Hope he is not understanding the benefits in updating the aadhar card. In future all the claims will be cleared i.e pf withdrawal, pension benefit etc. Try to advise and let him understand or he can enquire in pf office near to his area. For employer there is no harm if not updating the aadhar card number. Anyhow you keep a record that he is not supported for the situation.
From Oman, Salalah
Quite interesting. Normally employee will not object for updating the Aadhar card in records. Hope he is not understanding the benefits in updating the aadhar card. In future all the claims will be cleared i.e pf withdrawal, pension benefit etc. Try to advise and let him understand or he can enquire in pf office near to his area. For employer there is no harm if not updating the aadhar card number. Anyhow you keep a record that he is not supported for the situation.
From Oman, Salalah
Hello Arnab,
Here's my suggestion...
1) Convey the message to the member that it's the requirement of the EPF for the employer to ensure that the aadhaar is linked with the UAN. It's quite likely that an member would not be able to withdraw his/her PF without this linkage.
2) EPF may hold the establishment responsible if any of their member's aadhaar is not linked with the UAN. So, you should take a declaration from this particular member employee stating that he is not submitting/will not submit his aadhaar due to .......... (whatsoever may be the reason that he may have).
3) You may continue to advise him or exchange correspondence/information regarding the various court verdicts, but it's better to stay safe by taking the self-declaration from such employees.
EPF website is not fully operational and if I am not mistaken, it's been months/almost over an year to this scenario. Some thing or the other in the website have got updated with time during this period, but there are lot of aspects which are still not operational in this website. It's quite evident that it's going to take still more time for the EPF site to get fully upgraded and functional. All that we can do now as employers & members is to wait and watch.
Cheers,
A.B.
From India, Mumbai
Here's my suggestion...
1) Convey the message to the member that it's the requirement of the EPF for the employer to ensure that the aadhaar is linked with the UAN. It's quite likely that an member would not be able to withdraw his/her PF without this linkage.
2) EPF may hold the establishment responsible if any of their member's aadhaar is not linked with the UAN. So, you should take a declaration from this particular member employee stating that he is not submitting/will not submit his aadhaar due to .......... (whatsoever may be the reason that he may have).
3) You may continue to advise him or exchange correspondence/information regarding the various court verdicts, but it's better to stay safe by taking the self-declaration from such employees.
EPF website is not fully operational and if I am not mistaken, it's been months/almost over an year to this scenario. Some thing or the other in the website have got updated with time during this period, but there are lot of aspects which are still not operational in this website. It's quite evident that it's going to take still more time for the EPF site to get fully upgraded and functional. All that we can do now as employers & members is to wait and watch.
Cheers,
A.B.
From India, Mumbai
Recently when I tried, only 10% of my employees' Aadhaar is linked with the UAN Account. Rest of all are rejected due to various reasons (Name, DOB or Gender Mismatch with the PF Records). Even the Last Name, Surname, Initials are getting rejected. Even the Aadhaar is rejected if there is no mismatch, if we check the original, with the PF records.
So, in this case, definitely, they can't blame the Employer in not linking the Aadhaar, as they have operational issues.
PS: PAN doesn't link at all... As confirmed by PF officials itself, they have issue with PAN Linking...
From India, Chennai
So, in this case, definitely, they can't blame the Employer in not linking the Aadhaar, as they have operational issues.
PS: PAN doesn't link at all... As confirmed by PF officials itself, they have issue with PAN Linking...
From India, Chennai
Hi,
Thank you all for your invaluable suggestions. As suggested we have requested him to give us a declaration stating the reason for not submitting the Aadhar so as to complete the linking process with the UAN.
However he's ready to give it and confirmed that by 03rd he would give send it to us.
But that leads to another question. He's a guy earning more than 80K net take home every month having Engineering as well as Management degree, why does he reject it altogether at the very first place?
We have tried to communicate to him to understand what is going on in his mind but we failed to understand that somehow.
Legally speaking we can not do anything to him unless and until he gives the Aadhar no himself or the legality of this country forces him to submit the said no.
This is situation is quite weird to some extent.
As far as his education and position in the organization are concerned he's quite well educated and since he keeps so much information in regards to the verdicts of SC regarding Aadhar he knows the pros and cons very well I presume, yet he is not cooperating.
The only thing he is saying that he won't give it unless the SC stands Aadhar is mandatory.
And neither we have any way out to make him convinced nor we have any thing to do as far as this particular linking is concerned other than watching it to be unfolded itself.
From India, Kolkata
Thank you all for your invaluable suggestions. As suggested we have requested him to give us a declaration stating the reason for not submitting the Aadhar so as to complete the linking process with the UAN.
However he's ready to give it and confirmed that by 03rd he would give send it to us.
But that leads to another question. He's a guy earning more than 80K net take home every month having Engineering as well as Management degree, why does he reject it altogether at the very first place?
We have tried to communicate to him to understand what is going on in his mind but we failed to understand that somehow.
Legally speaking we can not do anything to him unless and until he gives the Aadhar no himself or the legality of this country forces him to submit the said no.
This is situation is quite weird to some extent.
As far as his education and position in the organization are concerned he's quite well educated and since he keeps so much information in regards to the verdicts of SC regarding Aadhar he knows the pros and cons very well I presume, yet he is not cooperating.
The only thing he is saying that he won't give it unless the SC stands Aadhar is mandatory.
And neither we have any way out to make him convinced nor we have any thing to do as far as this particular linking is concerned other than watching it to be unfolded itself.
From India, Kolkata
His stand is not weird at all. It is a very principled one, and also ethical. There are multiple issues with Aadhaar, including those related to data privacy, and basic efficacy. This is the reason for it being contentious, and the matter is being debated widely, both in civil society , as well as the highest court of India.
I have several acquaintances who have either refused to get an Aadhaar card made, or refused to link it to schemes (lawfully). They are doing just fine. Let's see what the Supreme Court has to say... and respect their decision until then.
Regards,
SSF, Mumbai
From India, Mumbai
I have several acquaintances who have either refused to get an Aadhaar card made, or refused to link it to schemes (lawfully). They are doing just fine. Let's see what the Supreme Court has to say... and respect their decision until then.
Regards,
SSF, Mumbai
From India, Mumbai
convay his / her UAN to the employee and ask them to activate uan and update their KYC within two weeks, no need to give the details to employer, it will appear to employer portal for DSC verification
he can not deny the KYC norms because from april 2018 only aadhar verified claims are accepted by the department, others are simply rejected.
he can not deny the KYC norms because from april 2018 only aadhar verified claims are accepted by the department, others are simply rejected.
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Deadline for Aadhaar linking extended till 31-12-2017 for Existing EPF Members.pdf