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3 weeks ago

Sir I want to know that where should I consult to resolve the overlapping date in my PF Account . My employer is not ready to solve it from my end .

Anik

Responded 3 weeks ago

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A.Dear Client,
In case of overlapping, you have to rectify the discrepancy between the joining date and exit date of the company to avoid future disputes and overlapping. If there is an overlap in the PF records it might show dual employment during the background verification. In this situation, you need to approach the office of the Regional P F Commissioner and seek to resolve the anomaly between the joining date and exit date in EPF records. Further, you need to submit a joint declaration form, a form jointly signed by the employer and employee to rectify the details of the member in PF records. On the receipt of this declaration, the regional PF commissioner can correct the wrong information entered into the employees' PF accounts. The cooperation of the employer is vital to rectify the anomaly in the PF records. So, if the employer refuses to sign the joint declaration or cooperate in that regard, a member of EPFO can file a complaint against them using the EPF i-Grievance Management System at www. https://epfigms.gov.in/. Thereby, you will be able to correct the details and overcome the problem of dual employment. In case of inaction, you can approach the Central Government Industrial Tribunal which has been merged with the Employees’ Provident Funds Appellate Tribunal (EPFAT), and seek appropriate remedy. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 weeks ago

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A.Dear Client,
A joint declaration form(JDF) is used to correct Provident Fund (PF) member details. It is a combined form that the employee and employer sign and submit to the regional PF commissioner to rectify and update the information entered in the employees’ PF accounts. Only an employer can rectify the error in the employment record of the EPFO. So if an employee finds an error in the database of EPF Account, he/she should contact present or previous employers and get it corrected. In the given situation, to resolve the issue of dual employment or overlapping in the P F records of both employers, you need to approach the office of the Regional P F Commissioner who is the competent authority to resolve any anomaly/discrepancy arising out of the date of appointment and date of exit in EPF records. If the employers are not cooperating to rectify the records in EPF Accounts of the employee, you can file a complaint using the EPF i-Grievance Management System (www. https://epfigms.gov.in/) to resolve the issue. If the grievance is not resolved, you can approach the Employees’ Provident Funds Appellate Tribunal (EPFAT) which was constituted under the provisions of the Section 7 D of the EPF and M P Act 1952, Now, as per the Finance Act 2017, the Employees' Provident Fund Appellate Tribunal has been merged with Central Government Industrial Tribunal w.e.f. 26.05.2017. So, if no relief yields from the office of the PF Commissioner, you may approach the Central Government Industrial Tribunal for appropriate relief. Feel free to contact our legal team to navigate the issue in the right way.
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