there is no need to re link, they can pay for nov contribution , without re-linking
but if they want to pay it with january ECR, then there will be chaos
department has warned several times, that non deposit of " employee's contribution" is cognizable offence, employer can withheld his contribution partially but he can not withheld the employee's share
632but if they want to pay it with january ECR, then there will be chaos
department has warned several times, that non deposit of " employee's contribution" is cognizable offence, employer can withheld his contribution partially but he can not withheld the employee's share
Yes but, they can pay with November contribution till 15th December. Once the employee left on November and joined another organization on December and this new employer has already linked his UAN and paid ECR on 9th January, then the ex employee ca not all of a sudden decides to pay the pf, because by the time the employee is already out and has joined a new company. The previous company can not upload the ecr then.
This has actually happened, a guy in Hyderabad joined us on 28th November after leaving his old company. He had some tussle going of with his old company. So neither they gave him fnf nor deposited the pf. We didn't know about the pf part though, we only knew about the fnf problem. Anyways we linked him with us. Uploaded ECR in January and now after we uploading the ecr the previous employer of that guy wanted to give him pf all of a sudden. And since that company was already out of his UAN they had relinked themselves and now we are out.
So it's a chaos. Don't know how to solve it. Had already mailed several times to EPFO but no response received yet.
From India, Kolkata
This has actually happened, a guy in Hyderabad joined us on 28th November after leaving his old company. He had some tussle going of with his old company. So neither they gave him fnf nor deposited the pf. We didn't know about the pf part though, we only knew about the fnf problem. Anyways we linked him with us. Uploaded ECR in January and now after we uploading the ecr the previous employer of that guy wanted to give him pf all of a sudden. And since that company was already out of his UAN they had relinked themselves and now we are out.
So it's a chaos. Don't know how to solve it. Had already mailed several times to EPFO but no response received yet.
From India, Kolkata
ask the employee to send a notice to labour commissioner evidencing that the company is not paying him the salary of december .......... as they are showing the EPF in december ECR, means the person was working in december with that employer
this is enough to drag the company at once, though after few hearings he will get relief ultimate, but would get a lesson , and would not make delay of employees money payout
this is enough to drag the company at once, though after few hearings he will get relief ultimate, but would get a lesson , and would not make delay of employees money payout
That would be better idea. An employee left our organization 13 days back and joined another one, we have not marked exit yet. But his details and his UAN is still showing in our active members list. Is this normal? If his new employer links him he should go away from our active member list isn't it?
From India, Kolkata
From India, Kolkata
Unless the new employer approve his documents digitally or 1st payment is made in this UAN, the UAN will remain in the previous employer list
if you want to test, then try to mark exit of the specific UAN, it will display that the employee does not belong to the establishment.
keeping himself active in old employer portal is just related to past unpaid ECR dues (if any) or any arrears payment
if you want to test, then try to mark exit of the specific UAN, it will display that the employee does not belong to the establishment.
keeping himself active in old employer portal is just related to past unpaid ECR dues (if any) or any arrears payment
Sir, If a person joined in November and left in the same month and if the employer didn't pay his pf by 15th of December and also if the employer didn't link his UAN then (however UAN linking was disabled then) the employer can not upload the ECR for that person now. Because the employer has to link his UAN first in order to upload ECR and linking now means his current employer (Wherever he's working now) will get un linked. Atleast that was what I knew.
But today while having discussion with a person who happens to be the owner of a company who does this jobs for many of the organizations in WB & Jharkhand & Sikkim area told me that in this current system backdated linking is not possible. Employer is supposed to link the moment an employee joins not before uploading ECR.
So if an employee joined and left in November and if his the then employer didn't upload his ECR by 15th December and if his new employer has already linked him and uploaded ECR for December by 20th January then now the previous employer can not link it backdated showing joining date in November. Because the current employer has already submitted another ECR, so the previous employer can not link it now forcefully, it will show an error message.
Please tell me is this right? Has EPFO disables any such thing and makes any notification that UAN has to be given upfront?
From India, Kolkata
But today while having discussion with a person who happens to be the owner of a company who does this jobs for many of the organizations in WB & Jharkhand & Sikkim area told me that in this current system backdated linking is not possible. Employer is supposed to link the moment an employee joins not before uploading ECR.
So if an employee joined and left in November and if his the then employer didn't upload his ECR by 15th December and if his new employer has already linked him and uploaded ECR for December by 20th January then now the previous employer can not link it backdated showing joining date in November. Because the current employer has already submitted another ECR, so the previous employer can not link it now forcefully, it will show an error message.
Please tell me is this right? Has EPFO disables any such thing and makes any notification that UAN has to be given upfront?
From India, Kolkata
I knew that the previous employer can do that but it would be troublesome for both the employers and employee as his current employment will get unlinked but this person told me that doing is not even possible. EPFO employer portal will not allow you to add that employee under such a circumstances.
He told me that at the time of linking when we put the joining date, the date has to be of this month or last month. In this case if someone wants to link an employee who left in November and joined also in November he can not do it, as either he has to show a joining date of January or December provided some other employer has been linked and uploaded an ECR already, precisely for the month in between
Is that true? That is my question.
From India, Kolkata
He told me that at the time of linking when we put the joining date, the date has to be of this month or last month. In this case if someone wants to link an employee who left in November and joined also in November he can not do it, as either he has to show a joining date of January or December provided some other employer has been linked and uploaded an ECR already, precisely for the month in between
Is that true? That is my question.
From India, Kolkata
NO aadhaar, no EPF concept was informed to all employers , well in advance, and seminars were conducted to educate the employers and HRs to make it understand that the employee would be linked to portal immediately after joining,
under the ESIC, one employee joins on 11th of january 2017 and meet some accident or injury on 16th of january, but the employer has not registered him the portal, in this case the linking or registration after the date of incident , disallow the benefits of ESIC, department will not consider that he was under employment since 11th,
Exact same provision is present under EPF under EDLI section, where an employee decease during service, then EPFO pays insurance amount, and if employer has not linked the employee well in time, then EDLI claim would not get entertained,
Now it is up to employer to either perform his jobs within time, or face the troubles with labor department
under the ESIC, one employee joins on 11th of january 2017 and meet some accident or injury on 16th of january, but the employer has not registered him the portal, in this case the linking or registration after the date of incident , disallow the benefits of ESIC, department will not consider that he was under employment since 11th,
Exact same provision is present under EPF under EDLI section, where an employee decease during service, then EPFO pays insurance amount, and if employer has not linked the employee well in time, then EDLI claim would not get entertained,
Now it is up to employer to either perform his jobs within time, or face the troubles with labor department
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Payment of PF after closure of establishment 23.5.12.pdf