My employer claimed commissions & bonus EPF contribution is optional and has not been making the deduction & contribution on commissions & bonus since it's inception.
But lately we found out this is false.
On checking with EPF, they mentioned once we filed a case and it is valid, the employer will have to pay all 23% (11% + 12%) regardless they had made the deduction or not. They also mentioned that employer is not allowed to recover employee's portion by deduction if it has exceeded 6 months or it is done on purpose.
However, they mentioned employer may file civil case to recover the employee's portion since employer is forced to pay additional 11% on behalf of employee.
My question is,
1) how likely will employer win this case? Because it is not employee's fault employer did not make the deduction.
2) If I'm still with the company, can the company do anything to harm my work with the company?