There is no need to relink; they can pay for November's contribution without relinking. However, if they want to pay it with January ECR, then there will be chaos. The department has warned several times that non-deposit of "employee's contribution" is a cognizable offense. The employer can withhold his contribution partially, but he cannot withhold the employee's share.
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Yes, but they can pay with November contribution until 15th December. Once the employee left in November and joined another organization in December, and this new employer has already linked his UAN and paid ECR on 9th January, then the ex-employee cannot all of a sudden decide to pay the PF because by that time the employee is already out and has joined a new company. The previous company cannot 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 on 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 uploaded 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 stuck.
So, it's chaos. Don't know how to solve it. Have already mailed several times to EPFO but have not received any response yet.
From India, Kolkata
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This has actually happened: a guy in Hyderabad joined us on 28th November after leaving his old company. He had some tussle going on 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 uploaded 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 stuck.
So, it's chaos. Don't know how to solve it. Have already mailed several times to EPFO but have not received any response yet.
From India, Kolkata
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Ask the employee to send a notice to the Labour Commissioner evidencing that the company is not paying him the salary of December. This is because they are showing the EPF in December ECR, which means the person was working in December with that employer.
This is enough to drag the company at once. Though, after a few hearings, he will get ultimate relief, he would learn a lesson, and would not delay employees' money payout.
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This is enough to drag the company at once. Though, after a few hearings, he will get ultimate relief, he would learn a lesson, and would not delay employees' money payout.
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That would be a better idea. An employee left our organization 13 days ago and joined another one; we have not marked the exit yet. However, his details and his UAN are still showing in our active members' list. Is this normal? If his new employer links him, he should be removed from our active member list, shouldn't he?
From India, Kolkata
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From India, Kolkata
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Unless the new employer approves his documents digitally or the first payment is made in this UAN, the UAN will remain in the previous employer's list. If you want to test, try marking the exit of the specific UAN; it will display that the employee does not belong to the establishment. Keeping oneself active in the old employer portal is just related to past unpaid ECR dues (if any) or any arrears payment.
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Yes, you are right; I just tried that. But that specific UAN doesn't have his father's name mentioned, and I tried to update his father's name, but couldn't do so. He is in my active member list, but I'm unable to change any details of his UAN anymore.
From India, Kolkata
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From India, Kolkata
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at new employer end, missing details are updated, including the gross salary, but unless 1st contribution is confirmed, the updates will not get executed.
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Sir, if a person joined in November and left in the same month, and if the employer didn't pay his PF by the 15th of December and also didn't link his UAN (however, UAN linking was disabled then), the employer cannot upload the ECR for that person now. 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 unlinked. At least, that was what I knew.
But today, while having a discussion with a person who happens to be the owner of a company that handles these tasks for many organizations in the WB, Jharkhand, and Sikkim area, he told me that in the current system, backdated linking is not possible. The 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 then employer didn't upload his ECR by the 15th of December, and if his new employer has already linked him and uploaded ECR for December by the 20th of January, then the previous employer cannot link it backdated, showing the joining date in November. Because the current employer has already submitted another ECR, the previous employer cannot forcefully link it now; it will show an error message.
Please tell me, is this right? Has EPFO disabled any such thing and issued any notification that UAN has to be provided upfront?
From India, Kolkata
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But today, while having a discussion with a person who happens to be the owner of a company that handles these tasks for many organizations in the WB, Jharkhand, and Sikkim area, he told me that in the current system, backdated linking is not possible. The 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 then employer didn't upload his ECR by the 15th of December, and if his new employer has already linked him and uploaded ECR for December by the 20th of January, then the previous employer cannot link it backdated, showing the joining date in November. Because the current employer has already submitted another ECR, the previous employer cannot forcefully link it now; it will show an error message.
Please tell me, is this right? Has EPFO disabled any such thing and issued any notification that UAN has to be provided upfront?
From India, Kolkata
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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. However, this person told me that doing so is not even possible. The EPFO employer portal will not allow you to add that employee under such circumstances.
He informed me that at the time of linking, when we input 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 cannot do it. This is because 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
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He informed me that at the time of linking, when we input 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 cannot do it. This is because 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
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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 them understand that the employee would be linked to the portal immediately after joining.
Under the ESIC, if an employee joins on the 11th of January 2017 and meets with an accident or injury on the 16th of January, but the employer has not registered him on the portal, in this case, the linking or registration after the date of the incident disallows the benefits of ESIC. The department will not consider that he was under employment since the 11th.
The exact same provision is present under EPF under the EDLI section, where if an employee deceases during service, then EPFO pays the insurance amount. If the employer has not linked the employee on time, then the EDLI claim would not be entertained.
Now it is up to the employer to either perform his job within time or face troubles with the labor department.
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Under the ESIC, if an employee joins on the 11th of January 2017 and meets with an accident or injury on the 16th of January, but the employer has not registered him on the portal, in this case, the linking or registration after the date of the incident disallows the benefits of ESIC. The department will not consider that he was under employment since the 11th.
The exact same provision is present under EPF under the EDLI section, where if an employee deceases during service, then EPFO pays the insurance amount. If the employer has not linked the employee on time, then the EDLI claim would not be entertained.
Now it is up to the employer to either perform his job within time or face troubles with the labor department.
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