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Bhushan   16 September 2016

Pf withdraw

I had resigned from the services and without serving the notice period. But I want to withdraw my PF since company is saying you are absconded. So is there any other way to withdraw PF without interference of employer. Also employer has not given my monthly salary even after working for full month nor any reliving/ experience letter. So Can I get me my all dues atleast PF. Since if they are not giving me my dues atleast give me exp letter.



Learning

 12 Replies

Kumar Doab (FIN)     16 September 2016

In your other thread I had posted some points, to which querist replied pointwise.

You may reply to each point, pointwise in other thread initiated by you.

 

 

https://www.lawyersclubindia.com/forum/Need-labour-act-details-for-collecting-experience-releaving-letters-from-previous-organization-142136.asp

 

Kumar Doab (FIN)     16 September 2016

Did you submit PF withdrawal/transfer forms under proper acknowledgment?

Do you have POD,acknowledgment?

Has the company declined to attest in writing?

You may also reply to each point, pointwise in other thread initiated by you.

 

Kumar Doab (FIN)     16 September 2016

It shall be certainly better to transfer than to withdraw.

 

Bhushan   16 September 2016

My HR dept said I need to submit PF form alongwith no dues. And since I had not served notice period I dont have no dues form. No such written communication is there. But I had mail conversation regarding my resignation.

In case of transfer it is not possible to transfer now since my nw company dont have PF facility.

So can I transfer the same even after few years whenever I join some organization whcih has PF facility.Will that PF amount remain in my account.

Kumar Doab (FIN)     16 September 2016

You may reply, in this thread, to each point, pointwise in other thread initiated by you.

 

 

Bhushan   16 September 2016

what info do you required.

-I havent submit PF form yet, because my HR dept said it needs No dues certificate which has to be attached with PF form.

-I dont understand what POD means. But in case of resignation I have full conversation.

-The company is still not giving any dues, Letter. They havent given anything in writing .

Kumar Doab (FIN)     16 September 2016

Is HR personnel your employer?

Why verbal discussions with HR?

Does comapny have its own trust to manage  PF or yor PF a/c is with EPFO?

It is your own choice to withdraw or transfer PF.

It has already been suggested to transfer.

Tranfer forms can be submitted to next employer, of course under proper acknowledgment.

If you want to withdraw submit to pastt employer, of course under proper acknowledgment. The designated person ( may be HR) has to attest and submit to concerend PF offci within 5days. The PF office shall issue acknowledgment (for you) to company that  company has to supply to you. Ask to supply scanned copy by email and hard cipy by Redg. Post.

If past employer declines to attest then it may be offence.

 

Hope you are clear now.

Meet PRO/APFC/RPFC in nearest PF office and satisfy yourself.

 

 

 

Kumar Doab (FIN)     16 September 2016

What is this establishment; Commercial, Industrial?

What is its line of business?

Howe many persons are working with it?

Since how many months you have been working?

 

Are you under probation of confirmed?


What is your designation and nature of duties?

Kumar Doab (FIN)     16 September 2016

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone cancel/change/amend your recommendations?

 

How many persons report to you and what is such report? Does it involve any decision making process, by you?

 

You are in which state ( Noted; Tamilnadu)?

What is your monthly salary?

 

Do standing orders (Model/Certified) apply to establishment/your designation? If yes are these certified? OR has it been exempted from standing orders?

 

Are you a member of employee's/trade unions?

 

 

 

Are you sure that your next employer shall absorb you on the strength of just copy of notice and final resignation?

And it shall not demand service certificate, relieving letter?

 

Would it conduct BGV?

 

Kumar Doab (FIN)     16 September 2016

Do you have copy of notice of resignation and its POD?

Did you resign thru some software tool?

 

Prefer to send from personal email id or by letter thru Redg. post.

Kumar Doab (FIN)     16 September 2016

If you have resigned and have copy of resignation and POD ( Proof of Delivery) then you have not absconded.

 

Rest you may get your appointment letter, all rules and policies examined from avery able counsel specializing in service matters.

 

 

 

Kumar Doab (FIN)     16 September 2016

PF can not be attached.

NOC has nothing to do witrh PF.

If there is any NOC/handover then employuer had to communicate in writing to you.

 

If you have handed over the charge and NO NOC was duly communicated then it may be deemed that there was nothing called NOC.

 

 

If despite submission of PF froms (under proper acknowledgment) the designated person in HR does not attest/declines to attest then it is demmed declinature/declinature  and offence.

 

Therafter you can lodge complaint with employer ; appointing authority,MD.

Therafter you can lodge complaint with RPFC in jurisdictional PF office and atatch POD.

You can get PF froms attested by any of the designated authorities e.g. BM of  bank and submit to PF office.

 

 

 

 


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