What are the possible charges an employee can take against an employer regarding Provident Fund - An employee works in a company for a short duration i.e., less than a year. Employee who was able to get the first month's salary slip and noticed a Provident Fund deduction but the employer failed to share Provident Fund details to the employee during and after the period employment. Now, the employee is able to figure out that the employer never created a Provident Fund account for the employee.
- Does this amount to breach of trust under IPC and lead to prosecution?
- Can the employer create an employee Provident Fund account and pay the Provident Fund amount along with a penalty after a PF department inspection?
- On the other hand, if the employer is allowed to make the payment along with a penalty to the PF department, then can the employer be prosecuted for criminal breach of trust as well?