Hi Sirs/Madams,

I have come across a problem and I seek your help. One of our employees joined our organization on 31st August, 2016 and left on 8th September, 2016. After he resigned we asked him so many times and sent him so many mails to cooperate with the f&f but he didn't. He was supposed to get 9 days salary from us but he didn't send us the no due clearance certificate duly signed which we mandatorily need in order to process f&f.

We sent him legal notice, but still he didn't send us that form. At last our management decided to pay him the salary without that paper and we had already transferred that amount to his account a week ago only. And now I'm told to deposit his pf amount.

Now there is a problem I'm facing in terms of depositing the pf amount in his account.

Firstly he told us that he didn't have an epf account earlier in his form 11, now when we went ahead with new registration/generation in UAN 2.0 we came to know that he was previously a member of EPF scheme (Because of the kyc error showing previous employment is there in the UAN database - we were doing individual registration not bulk). So we found out his last company's(Say company A) pay slips from his file that he had submitted at the time of joining us and found out that the UAN no was mentioned there and he was indeed a member of EPF.

1. So now my question is can we take that UAN no and link our establishment code with it as per the new rule? But he had mentioned in his form 11 that he wasn't a member and that's a self declaration. What should we do? Should we go by form 11 or by his payslips and UAN no?

2. We have searched the UAN search in the new portal and saw that he is working in some other organization(Say Company B) now post leaving us and that company is already linked in his UAN, as per the record shown in unified portal for employer he joined the new organization on 03rd October, 2016. So if we want to link our company with his UAN we have fit in between Company A & B. Can we link with UAN back dated and inbetween two companies?

I have been working in this profile for the last 1 year and never faced such a problem so seeking urgent help from seniors.

Please suggest as it's very urgent.

Thanks in advance.

From India, Kolkata
Kindly spare some time to give me some suggestions as I have to close this issue coming week itself.
From India, Kolkata
Hi respected experts, Still awaiting your invaluable suggestions. Can I have some advices from you as I’m unaware of the process during a time like this. Thanks in anticipation
From India, Kolkata
Is there any member who has an idea or a solution of the problem that I’ve mentioned? Awaiting suggestions.
From India, Kolkata
Dear Kunal Galat
As per yr info, the employee worked only for 9 days.
You had not indicated his salary and there is a minimum eligible working days/ contribution towards PF account both employer and employee.
You should have not included him in Payroll for that month and with-hold his salary for 9 days as I am sure your company
must have a notice period for resignation.
In the midst of busy and hectic schedule in HR, you should declare the person as a absconder (in spite of your legal notices, he had not responded) and be with it.
Nobody is going to question you further, if the employee willfully disappears.
I guess you are spending too much time unnecessarily, groping in the dark for no reason.
Just dismiss the issue and proceed further.
Sridharmala

From India, New Delhi
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