Rights Of Employers/ Employees

My experience in the matter of taking up of cases in various courts pertaining to adjudication of the issues being faced by both employers as well as employees, have prompted me to introduce this page exclusively for use of employers / employees in the shape of an advise / consultation / education so that actions / non-actions relating to provisions under the EPF & MP Act, 1952 (The Act in short) may be followed by all in order to avoid complications in the matter of Prosecutions / Unnecessary huge Assessments of Dues & Damages & restricting the financial burdens in respect of Levy of Interest beside reducing grievances pertaining to employees while joining / working as well as after leaving the job. My sincere advice to both employers as well employees in this regards is as follows:-

FOR EMPLOYERS

  1. It has been observed that most of the employers themselves are not aware with the provisions of the Act & as such depend upon their consultants maintaining their establishment’s accounts / returns or through their H.R. Department who at times fail to act strictly as per provisions just to save certain amount which at later stage causes not only financial problems but mental tension when actions are taken by the concerned authorities relating to determination of dues, levy of damages & interest & recovery thereof beside prosecutions etc.
    In order to avoid any such complication, observations made by various Hon’ble Courts must be followed which are short listed as follows:-
    1. Act is applicable at its own force. There is no need to wait for the allotment of code number.
    2. P.F. contributions are to be deposited by 15th of each month in respect of all employees including contractor employees as per provisions & ensuring that minimum wages are paid as per definition of Basic Wages.
    3. In case employees engaged through a contractor who is having his own EPF Code number, it must be ensured that contractor is depositing the EPF dues in respect of all such employees.
    4. In all cases of new employment, it must be ensured that New Form – II is filled by each new employee at the time of joining beside his nomination etc., which are very much essential for smooth & tension free compliance.
    5. It is advisable for the employer to complete & send all the required documents to concerned RPFC Office in respect of an employee who is going to retire in next about 3 months, so that Pension Payment Order is issued by the RPFC on the day of his retirement which in turn improve the image of the establishment as well as of the Employer.
    6. It must be ensured that each & every visit of the Enforcement Officer or other authority of EPF Office is got recorded in the Inspection Register or file of the establishment having all such observations made & thereafter complied to. Now a days inspections are being done as per new guidelines available on the website of EPFO.
    7. In the matter of enquiries under Section 7 – A or 14 – B etc., Employer has the right to obtain the copy of daily proceedings besides reports / reply submitted by the Enforcement Officer during the enquiry.
    8. Under compliance – E-proceedings enquiries are being conducted through E-court Software.
    9. EPFO has launched various applications such as “Umang”, UAN Registration, E-Inspection & Digilocker etc. which may be browsed on the website of EPFO – w.w.w.epfindia.gov.in.

FOR EMPLOYEES

  1. Each employee of an establishment covered under the EPF & MP Act is enabled for getting various benefits available under the three schemes of this Act & as such must be aware about his rights to avail these. For this an employee must ensure that:-
    1. His Required documents as prescribed under the Act such as Form – II (New) containing the details of his past employment etc., Nomination Form etc. are got filled by the employer at the time of joining.
    2. His EPF contributions are deducted as per provisions on Basic Wages & are deposited in time.
    3. The various “Apps” as available from the EPFO are downloaded so as to avail various facilities granted from time to time.
    4. The App “UMANG” is stated to be the only official App for availing EPFO services by the employees, Pensioners beside employers & providing General Services such as knowing the status of the claim submitted or for seeking account details beside eKYC Services relating to Aaadhar Seeding etc.
    5. Right to receive Pension has been held to be the right to property protected under Article 300 A of Constitution of India which cannot be taken away merely by Circulars & Government resolutions being administrative instructions / executive orders.
    6. All EPFO offices have Toll Free helpline whatsapp number which may be utilized in case of any need.
    7. Though the decision relating to restoration of commuted pension under the EPS 1995 has been notified for those who had opted before 25.09.2008 after 15 years of option but the matter relating to enhanced pension is still pending as on date with the Apex Court for adjudication.