Dear Experts,
I have a query. If an employee doesn't follow the exit formalities properly and for that if his F&F is getting delayed will the company/employer wait to deposit PF amount till the time the F&F issue gets settled or even before settling F&F the employer is supposed deduct and deposit the PF amount.
I know 15th of the subsequent month is the last date of PF deposit. And before that date if the F&F issue is not resolved (Or may be legal notice tussle going on regarding notice pay) how does the employer treat the PF deposit.
Just for an example If an employee leaves an employer on 20th September, but F&F is not settled yet, once it's settled can the employer deposit the PF amount now, or he had to deposit it before 15th October irrespective of the tussle, because the last working day was 20th September which means the subsequent month was October.
Please suggest.
From India, Kolkata
14I have a query. If an employee doesn't follow the exit formalities properly and for that if his F&F is getting delayed will the company/employer wait to deposit PF amount till the time the F&F issue gets settled or even before settling F&F the employer is supposed deduct and deposit the PF amount.
I know 15th of the subsequent month is the last date of PF deposit. And before that date if the F&F issue is not resolved (Or may be legal notice tussle going on regarding notice pay) how does the employer treat the PF deposit.
Just for an example If an employee leaves an employer on 20th September, but F&F is not settled yet, once it's settled can the employer deposit the PF amount now, or he had to deposit it before 15th October irrespective of the tussle, because the last working day was 20th September which means the subsequent month was October.
Please suggest.
From India, Kolkata
upto 20th sept salary is credited on 30th sept ( or 1st oct) to employee ledger, paid or not is another issue,
once salary is accured, ESIC/EPF and profession tax is payable
F & F settlement, penalty/ recovery does not effect the basic concept of salary
once salary is accured, ESIC/EPF and profession tax is payable
F & F settlement, penalty/ recovery does not effect the basic concept of salary
Hi,
Does that mean that employer was supposed to deposit the EPF and deduct TDS before 15th October in this case irrespective of payment of salary/F & F? You have mentioned F & F doesn't affect salary concept. So is the employer responsible to deduct and deposit the statutory payments even before payment of F & F in this case to be specific?
From India, Kolkata
Does that mean that employer was supposed to deposit the EPF and deduct TDS before 15th October in this case irrespective of payment of salary/F & F? You have mentioned F & F doesn't affect salary concept. So is the employer responsible to deduct and deposit the statutory payments even before payment of F & F in this case to be specific?
From India, Kolkata
salary paid or not is not issue for labor laws, but payable means , deduction and payment of statuary contributions within stipulated time.
Dear Arnab,
PF Act says that the employer should deposit the due contribution and later recover from employee.
Accordingly, on the wages for Sep 16, after adjustments, should be deposited on or before 15-10-2016. F & F has no connection to due amount.
If any excess amount is deposited, can recover from F & F as and when completed. If any amount cannot be recovered, it is bonus to member.
Thanks,
Vidyadhar Bhat
From India, Pune
PF Act says that the employer should deposit the due contribution and later recover from employee.
Accordingly, on the wages for Sep 16, after adjustments, should be deposited on or before 15-10-2016. F & F has no connection to due amount.
If any excess amount is deposited, can recover from F & F as and when completed. If any amount cannot be recovered, it is bonus to member.
Thanks,
Vidyadhar Bhat
From India, Pune
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Employees' PF Appellate Tribunal Procedure Rules 1997.pdf
PF WITHDRAWAL RULES.zip