Pf withdrawal

-The employer should forward it to PF authorities within 5 days of its receipt (Ref clause 72 5(a) of EPF Act.)

Usually companies adopt  their own internal HR system that they compile all applications/forms of withdrawal and submit to concerned PF office twice a month on specific dates.

-The concerned PF office shall issue an acknowledgment to the employer which employer has to supply to the employee.

YOu may demand the acknowledgment issued by PF office to be supplied to you by redg/speed post only. Since you are in hurry and have some kind of doubt on employer you may supply a self addressed redg post cover ( which you can obtain from Post Office) and supply with your letter to employer.

You may also demand all PF accumulation reports.

-The PF office should be in a position to settle the claim within 30 days and credit the amount in bank a/c of the member in say 45 days.

Redressal of grievance is within 30 days.

-If the company  states that some additional information was demanded by PF office and the same has been submitted you may demand the copy of the letter form PF office and reply of the company, and copy of the acknowledgment showing date.

You can check status lodge complaints on line at www.epfindia.gov.in, www.epfindia.com/

 You may avail the service some local or Mumbai PF consultant and you may be helped to get the proceeds faster.

If you can kkep the  the PF a/c regular for 10 years you shall be eligible for pension and shall not loose money from pension component in case of withdrawal.

Thankyou sir for your guidance.

Dear All,

I was associated with Private Firm in Bangalore for 4 years(Nov2005 - Dec2009). After resignation my ex-employer is denining signature on PF Widthral form stating that notice period was not served, where as my notice period wave off mail was send to HR by then director(not in service now). HR is dening the fact of mail send as i dont have a copy of it.. But i have resignation acceptance letter with me on company letter head. Is there any possibilities of My PF Withdrawl.. If Yes please help me.

Regards,

Srimanto Chatterjee

9007102509 (Kolkata)

The employer has no right to withhold your PF. It is the duty of the employer under the Act & Scheme to help Employees' Provident Fund organization to settle the Provident Fund dues of his employees. He has to complete the prescribed application within 5 days of receipt [para72(5)] forms & hand over it to the member when he leaves the service. You may visit the PF office and fill up the withdrawal forms (19 and 10C), and enter fill establishment Code and your PF Account no. In your case just forward your claim form to the concerned RPFC with a letter stating employer has refused to sign the forms. Mark a copy to copy of the letter may be marked to Central Provident Fund Commissioner requesting him to issue instructions to the concerned to process the forms without any interruption, and then the PF officials will send their PF Enforcement Officers to such establishment and then they takes some penalty and sign from your employer and then you will get settled your PF claim. PF will be remitted straight away in your account. You may obtain signature& seal of Astt.Commissioner of Labour or Govt Labour Officer or Gazetted officer (in place of employer, signature of gazetted officer is required in case of a closed establishment) ,Manager of a bank, Member of the Central Board of Trustees./ committee/ Regional Committee (Employees’ Provident Fund Organization), Magistrate/ Post/ Sub Post Master/ President of Village Panchayat/ Notary Public. and submit the same to RPFC, with a letter as mentioned above. Did you send the forms to employer? If yes do you have the POD? Do you have any record (audio/visual/email/letter etc) confirming employer has denied signing the forms. If yes your case is even stronger. Employee should always record such situations.

Hi,

It has been more than 45 days since my PF withdrawal papers had been sent to my previous organization (Dell) under Bluedart tracking number 13395750023 .

I have been continuesly following up with the concerned department in Dell to get the copy of an acknowledgemnt of submission, however, till date i have neither recieved a confirmation of the submission of the form nor a valid reason as to why my withdrawl forms had not been submitted.

I have all the communication on an email and would request you to help me with a possible legal action if possible.

 

Thanks,

Kanishka

@ Kanishka

You may submit a carefully structured representation in writing under acknowledgment addressed to the good offices of your appointing authority, MD, CEO, Company Secretary with a copy to Head-HR, and concerned RPFC,PRO (addresses are available on website www.epfindia.com), CPFC, narrating date of submission of PF forms for withdrawal/transfer of PF (enclose POD issued by courier) all representation made by you so far and conclude that the concerned PF desk manned by Mr/Ms.............designation, department, address, email id, phone number etc has not supplied you the acknowledgment issued by o/o PF commissioner despite your repeated representations and reminders dated............and dated...........

You are disappointed to note that concerned desk and personnel are maintaining studied silence, hence you seek intervention of good offices, and the acknowledgment issued by o/o PF commissioner should be supplied to you by redg. Post only so as to reach you within next 7 days failing which you shall be constrained to approach your lawyer to seek legal advice at the cost and consequences of the company. You may mention that you are enclosing a postage prepaid self addressed envelope ( as purchased from post office) for supplying the reply by good offices to you. If you fell it deemed as fit you may mention that you had supplied a postage prepaid self addressed envelope ( as purchased from post office) to PF desk manned by Mr/Ms…( to whom your cover was addressed) along with PF withdrawal/transfer forms for  supplying the  acknowledgment issued by o/o PF commissioner by company to you.

Although you can generate POD from courier web site, you may persuade the courier to issue you the hard copy of POD along with seal and signature of company and name of its employee who has received the cover. If you can apply your resources you may get the contents in the cover mentioned on your copy of the AWB. There is a place to mention the articles booked.

 

Hi Sir,

I am having a query, i have got relieved from previous company before one year, before six months i have applied the PF and i was asked by one of HR to get the relieving letter later and the PF settlement amount also got credited after 5 months, but when i reached the company now they are refusing to provide me the relieving letter. What is the procedure for providing a PF from a company. They are saying that you haven't serve the notice period. But i have served the notice period, they are saying that there are no records in your name. but i have applied PF form 19 in that office only. The HR's have been recently changed, they are saying kindly contact old H.R, we cannot provide you the relieving letter now. I think so only if a employee has served a notice period a company will initiate P.F ami right.

Thanks in Advance,

M.Madhu

PF has nothing to do with service of notice period. YOU may submit a letter addressed to appointing authority, MD preferably by redg post and demand ‘Service certificate’ and ‘Relieving letter’. YOU may mention in he letter your DOJ, date of resignation, notice period as per clause number..........................in appointment letter dated.......................issued to you...............DOL and claim that you have served full notice period and after that you were relieved and ‘Service certificate’ and ‘Relieving letter’ has not been supplied to you till date and it should be supplied by redg. post only. This has to be issued to all whether the notice period is served or not. The company has to maintain employment record in various forms and registers of all employees and this record is not destroyed by the companies. Was this company issuing payslip? Payment of Wages Act: Sec 13A Wage Slip should be signed by both employer and employee and record has to be maintained for 3Y. YOU may demand pay slip of all months of employment.

Hi All,

I left my previous organization on 12th August 2011 & applied for PF witthdrawal after resignation.Since then i have not received my PF.On continous follow up with HR,they say that we are following with PF office & cant question EPFO about their work as they are govt employee.When i asked for acknowledgement copy HR told me that PF office do not provide acknowledgement because if they provide the same they have to process it within 3 months.When i registered my grievance EPFO portal i came to know that my PF account no. (which was mentioned on salary slip) belongs to someone esle whose case is already settled in FEb,2012.They also provided me the cheque nos & beneficiary bank account no.

When i asked my HR regarding this  & requested to provide correct PF account no. they told me that the acount no. is correct which they have provided.Then i filed an RTI application with concerned PF office & same reply i got from EPFO that account belongs to someone else.

I sent registered letter & reminder to HR & CEO of company to explain the matter but didint got any reply.

Then I went to local police station to file an FIR againt the company for fruad & cheating of employee PF but refused to file it telling me that your case is civil matter & suggested me to approach labour court or civil court.

Kindly suggest me what should i do to get my PF, i am very frustrated & have gone through lot of stress in last 2 & half yrs.

 

When you are facing such issues you should record all verbal discussions (audio/visual).

HO would you claim that ‘who’ said ‘what’.

You have posted that:

---“When i asked for acknowledgement copy HR told me that PF office do not provide acknowledgement because if they provide the same they have to process it within 3 months.”

It is false.

Demand original copy of acknowledgment issued by PF office for you to the company is supplied to you by redg. post only.

The employer has deputed HR personnel for doing this job and they do not want to take any responsibility and onus on them.

 

---“ When i asked my HR regarding this  & requested to provide correct PF account no. they told me that the acount no. is correct which they have provided.”

You may demand to supply you the dully attested copy of your PF forms submitted by company to PF office by redg. post only.

 

---“ Then i filed an RTI application with concerned PF office & same reply i got from EPFO that account belongs to someone else.”

“I sent registered letter & reminder to HR & CEO of company to explain the matter but didint got any reply.’

You can file police complaint, consumer complaint, and complaint with RPFC thru RPFC at your nearest PF office.

IN the complaint you have to name HR personnel, appointing authority, MD, Finance Manager that has passed deduction from wages towards PF..................

---“ Then I went to local police station to file an FIR againt the company for fruad & cheating of employee PF but refused to file it telling me that your case is civil matter & suggested me to approach labour court or civil court.’

Take the help of your lawyer. Your lawyer would know how to lodge the complaint.

Meet Police Commissioner in person.

 EPFO has to act in this matter. If it has issued reply by RTI then it has to take action against Employer for deducting PF from your wages and not depositing in your PF a/c.............................issued by it and written by it on wage slip. The reply by RTI, copy of salary slip is sufficient for you to lodge complaint with RPFC.

Meet the RPFC in person Lodge a complaint in writing obtain acknowledgment under seal, signature, diary number and mark copy to Adl.CPFC of the state, CPFC and Vigilance Officer too......................

 

Did you ever demand PF a/c slips of whole tenure of employment and did the employer ever provide it?

 

The PF a/c slip show in whose name the PF a/c exists. The PF a/c slips are supplied by EPFO to employer for supplying it to employees.

new thread by Dinesh at

https://www.lawyersclubindia.com/forum/Pf-fraud-96224.asp#.UuDtQvvhUwc

@ Dinesh

 

action taken by you so far does not appear to be incorrect.

 

rather the reply of police is not correct.  It appears that your PF dues are deducted and not deposited.  If this is true then it is criminal case under section 406/409 of IPC and it is cognizable offence and police has direct jurisdiction.  It is not clear what you stated in the application to thana.

 

Police is also incorrect to say that you should approach civil court or labour court.  PF default and frauds do not fall in jurisdiction of either or them.

 

You can take copies of Form 3A and 6A and Form 12A (for entire period of your service) submitted by the company under RTI from EPFO.  This document will prove that whether at all your PF is deposited or not and if so in which name  and can file case of evasion with EPFO requesting for action under section 7A of the EPF&MP Act 1952 and requesting for your presence on each hearing.

hi sir,

i was worked in BPO around one year and i have issue there on my shift time many time i was approch to the manager and HR for shift change but no result, 

so due to some family reasons i give resignation but that time HR was not told me about notice period and recovery amount and they abscond me from the company without any information af\ter that when i am resigning they told me FNF will done within 45 days.

but after 45 days they told me you must pay the recovery amount which is approx 7000/- for your PF.

But why i am pay for the same and the company not approve my PF fourm.

so what can i do. 

@ VIneet

 

Was your service under probation or confirmed in writing?

Has the company supplied you the appointment letter (not offer letter)?

 

What is the notice period stated in appointment letter?

 

BPO’s are covered by (Name of the State) Shops and Commercial Establishments Act and Standing Orders.

 

Funds held in your PF a/c is not in custody of company but it is under EPFO.

The job of HR is only to attest the PF forms. Declinature to attest PF forms is offence.

HR person designated to attest the PF forms has to attest the PF forms and submit to concerned PF office in 5 days.

 

You may submit the PF forms under proper acknowledgment preferably by redg. post.

 

Has the company supplied the FNF statement showing recovery of Rs.7000/ or it is demanding Rs.7000/ without supplying it.

You may demand it to be supplied to you by redg. post only.

 

 

Record the phone calls of HR demanding Rs.7000/ as condition to attest the PF forms.

Even if there is some recovery HR can not decline to PF forms. PF can not be attached even by decree from court.

 

It is better to transfer the PF and keep the a/c regular for 10 years and thus be eligible for pension.

 

Consult your elders in the family and meet officials in nearest PF office to learn the benefits of PF/Pension.

 

If you still decide to withdraw submit a written representation to appointing authority with copy to HR to supply you the acknowledgment issued by PF office for submission of your PF forms by redg. psot only immediately.