· Information has been received from some reliable sources that your establishment might have employed more than 19 persons in or in connection to the work of your establishment which renders your establishment coverable under the EPF&MP Act, 1952 (hereinafter referred to as “the Act”). However, as per the official record, your establishment is not found registered with this office.
· Your attention is invited towards the provisions of the Act for determining coverage, persons employed directly as well through contractors are aggregated and if on any day the total count of persons so employed crosses 19 persons, from that day the Act becomes applicable and remains applicable even if the strength of persons later falls below twenty persons.
· Thus, as soon as the total number of employees (directly/hired contractual employees) working in an establishment reaches 20, the establishment is mandatorily required to ensure compliance of the Act and to be able to do so a PF Code number is required to be taken from EPFO. Even if all the employees are drawing salaries more than the statutory wage limit under the Act, still the establishment has to obtain a PF Code and has to pay only the monthly minimum Administration charges through the said PF Code online.
· Since, the Act is a beneficial piece of legislation and is enacted to provide PF, Pension and Insurance benefits to the employees, therefore, in case of noncompliance stringent provisions have been provided therein.
· Non-deposit of PF contribution is categorized as a cognizable offence under the Act and for it, imprisonment which may extend up to three years with a fine has been provided.
· Along with the criminal liabilities, civil actions like 7A inquiry for the determination of due amount and provisions of penalty (which can be 100% of the unpaid amount) and interest thereon are provided in sections 14B and 7Q of the Act.
· The department is vested with sufficient powers to recover the unpaid dues through different recovery actions including attachment of Bank Accounts, movable and immovable properties of the defaulter establishment and arrest of the defaulters.
· Hence to avoid adverse legal consequences, in case your establishment is coverable, you are hereby advised to register your establishment online through Shram Suvidha Portal of EPFO and start remitting the EPF and other allied dues w.e.f. the date of eligibility without any further delay.
· In case you have already registered and you are already complying under the Act you are requested to provide the PF Code Number immediately to this office.
· Further, if your establishment is not coverable you are requested to provide an undertaking of this effect along with supporting documents.
· Your reply with regard to this communication is required to be submitted to this office within 7 days from the date of this communication. Further, it is also requested to submit the details of the Date of incorporation of your establishment and month-wise employment strength of all types (Direct as well as indirect through contractors) of employees/persons engaged (full-time, casual, trainee, apprentice or part-time) in your establishment.
· You are always welcome to contact this office for any assistance and clarification on the matter.
EMAIL RECEIVED FROM
Coordination Wing RO Rohtak,
How to respond ?
there
under
framed
schemes
applicability
