PF refund

The 5 years funda relates to gratuity, incase of P.F there is no such requirement even if you leave your job after a month you are still entitled to your P.F.

When the provident fund is deducted from the salary irrespective if it's PSU or a private sector, employer has to equally contribute to such fund,so you would definitely get both the contributions

Thanks Asha, But our company states that we have out own trust and is not guided by the EPF, Govt of India

The Provident fund regulations 1954 states as follows

" Subject to the provisions of regulation 22 in all other cases of cessation of membership the following provisions shall apply

i) if the period of membership of the fund is less than 5 yrs the full amount of the members own subsriction & interst shall be paidto member and the full amount of employers contribution & interest shall be forfeited to the fund "

Can any PF trust have its own set of regultations which are different from the regulations of EPF,Govt of india especially in a PSU? I assume that the regulations should be common for every company (irrespective of trust & yrs of service)

Rgds

Amit

The trust rules ought to have been formulated prior to regulation of PF trusts, which were un-exempted.

All PF trusts have been regulated and cannot have some rules contravening the PF provisions. You may demand the employer's contribution and take up with the PF authorities.

The trust rules ought to have been formulated prior to regulation of PF trusts, which were un-exempted.

All PF trusts have been regulated and cannot have some rules contravening the PF provisions. You may demand the employer's contribution and take up with the PF authorities.

After montsh of waiting i get the folowing reply frmo the company's legal team

 "In view of the facts and circumstances mentioned above and from the information made available to us, we are of the view that the company can forfeit the employer contribution made to the provident fund of the employee in case the employee ceases to be a member within 5 years. The power of such deduction vests with the Authority in the instant case under Section 6(b) of 1925 Act. 

Please note - Company is governed by the PF Act of 1925 and not the PF Act of 1952. "

Can anyone clarify if companies can be governed by different acts?

Learned Mr. Vasudevan has clarified the matter.Please follow the advice.

You should immediately contact the nearest office of Regional PF commissioner and meet the authority with the details of your company,your PF number.

There were publications in media"The Hindustan Times" that the PF authorities have placed companies own trust and and EPF at par and rate of interest shall also be same.

You can visit www.epfindia.gov.in and you shall find contact details of CPFC and other PF officials of your area, area office, secretaries etc.

You can raise RTI.

After clarification, It is your choice to witrhdraw, however it is better to continue till the age of retirement since after 10 years, the member is eligible for pension and in case of withdrawl member is at loss.