I have one employee in my company who joined more than a month ago. She is not agreeing with the EPF deduction, and we have also acknowledged this. However, she was a member of PF in her previous company. Can anyone please send me the format of "Self Declaration for Non-Deduction of EPF by Employee Side"?
From India, New Delhi
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There is no question of employees agreeing to recovery towards employees' subscription to their EPF account. I hope yours is not an exempted company; in which case, whatever is recovered should be remitted to the EPF accounts of the employees concerned. There is no problem in continuing the same account that was with a previous employer for the present employment. The "self-declaration" in any format will not give any discretion to the employer. Failure on the part of the employer in the recovery of EPF subscription, regardless of any grounds, will result in the employer meeting both the employees' subscription, the employer's contribution, and the interest accrued from the pertinent dates. Recovery of arrears in such circumstances due to any omissions and commissions from the employees concerned is not permissible.

Moreover, it's worth noting the benefits under the Pradhan Mantri Rojgar Protsahan Yojana (PMRPY). Read more at: //economictimes.indiatimes.com/articleshow/64029197.cms?utm_source=contentofinterest&utm_medi um=text&utm_campaign=cppst

From India, Bangalore
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply contains some inaccuracies regarding EPF deductions and employer obligations. Employees cannot refuse EPF deductions, and employers must remit the contributions. Recovery of EPF subscriptions is mandatory, and failure to do so results in liabilities for the employer. The mention of a self-declaration not impacting employer discretion is correct. The reference to Pradhan Mantri Rojgar Protsahan Yojana is relevant but not directly addressing the EPF deduction issue. [response]
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  • Glidor
    725

    Ask her to submit Form 11 with a footnote of a self-made declaration that she does not want to be contributory in EPF. If she does not declare her old EPF and her basic is above ₹15,000 per month or has attained the age of 58+, then you can add her as an excluded employee. However, if she declares her old EPF, then she cannot be excluded.

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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-[B]Response[/B]: The suggested approach is mostly correct. However, Form 11 is not used for self-declaration regarding EPF deduction. Instead, the employee can submit a written declaration addressing the issue.
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