- Date : 25/08/2023
- Read: 4 mins
Discovering missing contributions in your EPF account can be concerning. If your employer doesn’t deposit EPF contributions, you need to take action promptly.
The Employees Provident Fund (EPF) is an important retirement savings tool. According to EPF rules for employers and employees, both of them make monthly contributions, each accounting for 12% (10% for establishments with less than 20 employees or 8% for women for the first three years) of the employee's basic salary and dearness allowance. If your salary is more than Rs. 15,000 or more, the employer’s EPF contribution is further divided between the Employees' Pension Scheme (EPS) (8.33%) and the PF account (3.67%).
However, there may be instances where your employer doesn’t deposit EPF contributions on time.
EPF contributions not been deposited? Act now to safeguard your savings.
File a complaint on the EPFIGMS portal with salary slips and EPF statements.
Consequences for employers: interest, penalties, and criminal charges.
Employee options: EPFO complaint, police case, Form 12 request.
Taking action: Filing a complaint against the employer
If you find yourself in such a predicament, you should reach out to the authorities from the employees' provident fund organisation (EPFO) and file a complaint against your employer. This can be done through the EPF i Grievance Management System (EPFIGMS) portal or by submitting a complaint in writing to the PF authorities.
You can also -
Start a criminal case with the police or reach out to the labour ministry's chief vigilance officer.
Request a copy of Form 12 detailing the deducted amount and file a Right to Information application if denied.
Required documents for filing a complaint
To file a complaint against the employer with the EPFO, you need to provide salary slips and EPF statements as evidence that your employer has deducted the EPF deposits but failed to deposit them in your EPF account.
Filing a complaint on the EPFIGMS portal
Here are the steps to file a complaint against the employer on the EPFIGMS portal:
Visit the EPF complaint portal - EPFIGMS portal (https://epfigms.gov.in/) and click on the “Register Grievance” tab.
Select the status “PF member” to register a complaint about missing EPF contributions.
Provide necessary details like UAN and security code.
Get the OTP on your registered mobile number.
After OTP verification, enter personal information and click “PF account number” in the “Grievance Details” column.
Select the complaint type, describe the issue, and upload the required documents, including the salary slips and EPF statements.
Once done, submit the complaint.
Consequences for employers for non-deposit
If your employer doesn’t deposit EPF contributions, they can face severe consequences. EPFO can impose interest for late deposits, initiate recovery actions, and even impose penalties. Moreover, employers can be charged with criminal breach of trust under Sections 406/409 of the Indian Penal Code (IPC). The EPFO can also recover damages in such cases.
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Disclaimer: This article is intended for general information purposes only and should not be construed as insurance or investment or tax or legal advice. You should separately obtain independent advice when making decisions in these areas.