Dear Senior,
If the GST department imposes any penalty on the employer due to an employee's mistake, can the employer hold his PF correction form and gratuity as per the law? There is a dispute between them.
From India, New Delhi
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If the GST department imposes any penalty on the employer due to an employee's mistake, can the employer hold his PF correction form and gratuity as per the law? There is a dispute between them.
From India, New Delhi
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The employer cannot withhold the gratuity payable unless a domestic enquiry has been conducted, and it has been proven in that enquiry that the company incurred a quantifiable loss due to the negligence of the employee. The forfeited gratuity should be equal to the loss incurred by the company. It is important to note that the loss must be quantified during the enquiry. Please refer to section 4(6) of the Payment of Gratuity Act 1972.
The EPF is not under the control of the employer; therefore, the employer cannot retain the PF of the employee. The employee can withdraw the PF accumulations and receive any eligible Pension without the employer's assistance.
I am not familiar with what a PF correction form is.
From India, Kannur
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4765The EPF is not under the control of the employer; therefore, the employer cannot retain the PF of the employee. The employee can withdraw the PF accumulations and receive any eligible Pension without the employer's assistance.
I am not familiar with what a PF correction form is.
From India, Kannur
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