Dear Sir, I request you to kindly answer below questions Question 1: ======== If a person A's UAN has got deactivated , can he request any one of the following solution to HR until UAN activated ,if request is approved which of these is legally safe. 1. Credit salary but hold PF until UAN issue sorted. 2. credit PF to a relative's account . 3. Exempt me from PF as long as he/she is employed in this company. Question 2 : ========= Q.2.1 Dear Sir is Annexure 1 required by a employee to sign below document. Q.2.2 Does this document mean return only those assets which has been given to a employee. === Agreement starts here ==== Agreement to Return Company Assets Objective: The intent of this policy is to ensure all equipment’s owned by ABC Lab and loaned to the employees are maintained in the best possible condition and is returned at the time of onsite return, resignation or termination. This will also include assets lost in case of theft or while commuting to and fro office, travelling onsite, during customer visit, or during any other time that the asset is in custody of the employee. He/she shall be solely responsible for the same. Agreement: THIS AGREEMENT is entered on Date _____________ and between ABC Lab’s (“Employer”) and ______________________________ (“Employee”), hereafter referred to as Employer and Employee. Employee agrees while working for the Employer, he/she is expected to take proper precaution and care for any company equipment that may be in employee’s possession. Employee understands that upon return/termination, it is expected of him/her to return all company property in proper working condition. This agreement includes but not limited to cell phones, Laptop etc. Employee understands and agrees that not returning company property in proper working condition at the time of return from onsite, termination or resignation, can lead to recovering the cost by deducting equivalent amount from the last salary or any other payments due from the company. Any loss of asset as a result of theft will be the sole responsibility of the employee and will be recovered in full from him/her. Employee understands and agrees that pirated software’s and compliance software’s will not be installed in the system without prior approval from the IT / Management and held responsible for the compliance issues. I acknowledge and understand the above mentioned. Details of the Company Property: Annexure 1 Name of the Employee: Signature: Date: === Agreement ends here ====
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Company will not credit your salary to relative account
2)
3) annexure 1 is required as it would mention list of company assets given to employee
3) it means only those assets given by company
Also Q2.3 My understanding about the above agreement is that any asset assigned to a employee should be returned in best working condition possible else financial penalty will be levied and money will be deducted from any payable to the employee from the company.
There is no third question raised to Q2
2) you have to return all assets given by company failing which company would recover costs from you
1. The employer canot hold the payment of PF just because your UAN is deactivated
if you have worked for different companies, you may have several PF account numbers.
One member can have multiple PF numbers but only one UAN.
UAN is a permanent number, eligible throughout an individual's lifetime.
Once the UAN is automatically deactivated, the old EPF account will be linked to the new UAN. The EPFO member will receive an SMS that notifies the deactivation status of the old UAN. In case the new UAN has not been activated by the employee, he/she will receive a request to activate the new UAN.
Universal account numbers are dormant in case of no activity for 36 months.
After the transfer process, the EPFO will block your previous UAN, which can never be used after de-activation. 4. Once the EPFO has validated your new UAN, it will be linked to your PF account automatically
2. You are required to return the company's assets in the events mentioned in the agreement
Your agreement conditions with the company bstates thus:
Employee understands and agrees that not returning company property in proper working condition at the time of return from onsite, termination or resignation, can lead to recovering the cost by deducting equivalent amount from the last salary or any other payments due from the company
Yes I agree with your said observation
Credit salary but hold PF until UAN issue sorted: This is the most legally safe option, as it does not involve any violation of the EPF Act. The employer can simply credit the employee's salary to their bank account, but withhold the PF contribution until the UAN is activated. Once the UAN is activated, the employer can then remit the PF contribution to the EPFO.
Question 2 - Yes you have to return all the assets which were provided to you by the company for the wellfare of the company and that are used during the course of the employment for the business of the company.
The first issue pertains to the company's refusal to deposit your salary into a relative's account. Moving on to the second matter, the Universal Account Number (UAN) proves to be a versatile tool for an individual's professional journey. By simply providing your UAN and PF account particulars to different employers, you are all set, as the UAN links together all prior accounts under one umbrella. Accessing your UAN card necessitates registration on the EPFO member portal.
Addressing the third point, Annexure 1 becomes essential as it outlines the inventory of company assets allocated to the employee. This includes only those assets directly provided by the company.
It's worth noting that a third question hasn't been raised in relation to the second matter.
Shifting focus back to the second issue, it's imperative that any assets provided by the company are returned upon conclusion of employment. Failure to do so might result in the company recuperating the associated costs from you.
