Regarding Provident Fund
BRIJESH L PATEL
(Querist) 28 January 2017
This query is : Resolved
Dear Sir,
Myself has resigned from my previous company on 5th October-2016. Tenure of my service is 8.5 yrs in a corporate company.(Shipyard)
PF withdrawal Formalities are completed today with our employer. As per HR team, they are confirming that we will only get the Employee Share , Employer Share & Pension Share will not be disbursed, as my PF Statement shows deposit of PF till November 2014. Pending to deposit from Dec-2014 to October-2016 by the employer.
Can you pls elaborate on what will I get finally on PF withdrawal now.
adv.bharat @ PUNE
(Expert) 28 January 2017
It depend up on many factors. Like what is your salary, how much is your contribution?
Kumar Doab
(Expert) 28 January 2017
From the PF a/c slips that you have clarify the PF fund is with EPFO?
The employer has defaulted on deposit as per your query.
Sudhir Kumar, Advocate
(Expert) 28 January 2017
Has employer deposited whole of employee share and employers share. If no then give written complaint to RPFC
Sudhir Kumar, Advocate
(Expert) 28 January 2017
Has employer deposited whole of employee share and employers share. If no then give written complaint to RPFC
Ms.Usha Kapoor
(Expert) 29 January 2017
Agree with expert Sudheer Kumar.
Sudhir Kumar, Advocate
(Expert) 29 January 2017
Your salary etc doe snot matter.
The employer is bound to deposit whole of the amount deducted alongwith employer share. By not doing so he open himself to fine and prosecution.
employer is nobody to decide as to which share you will get.
Use RTI and get following information from RPFC:-
(i) details of employee as well as employer share deposited in your account alongwioth copy of Form 3A/6A & 12A.
(ii) Name of any EO deputed to the company during the period alongwiht copy of his report.
(iii) copy of any computer report generated during the period showing default of employer share.
(iv) Name of the dealing clerk, Head clerk, APFC dealing with your case in compliance section of the PF office.
(v) copy of F/24 issued in your name during for the above period.
BRIJESH L PATEL
(Querist) 29 January 2017
Thank you Sirs, for your valuable tips, I would like to add more.....from June 2015 shipyard announced for shut down. re-opened on Aug-2016. Salary is paid till Jan-2016, pending from Feb-2016 for all employees till date. PF statement shows deposits upto Nov-2014 for all shares employee , employer and pension. Our full N Final , Gratuity is also pending.
BRIJESH L PATEL
(Querist) 29 January 2017
Thank you Sirs, for your valuable tips, I would like to add more.....from June 2015 shipyard announced for shut down. re-opened on Aug-2016. Salary is paid till Jan-2016, pending from Feb-2016 for all employees till date. PF statement shows deposits upto Nov-2014 for all shares employee , employer and pension. Our full N Final , Gratuity is also pending.
Kumar Doab
(Expert) 29 January 2017
Have you submitted PF withdrawal forms, under proper acknowledgment?
Obtain acknowledgment.
Gratuity: Submit requisite form for payment of Gratuity under proper acknowledgment.
It is FormI under Payment of Gratuity act.
Mention in covering letter that 'Notice of Determination of Gratuity and payment of gratuity has not been supplied to you.
Kumar Doab
(Expert) 29 January 2017
From the PF a/c slips that you have, clarify the PF fund is with EPFO?
Do you have Gratuity Rules of the establishment?
Post a link or paste the rules.
Kumar Doab
(Expert) 29 January 2017
Thanks for agreeing Mr. Yogen Kakade.
Kumar Doab
(Expert) 30 January 2017
Thanks for agreeing Ms. Usha Kapoor.
Kumar Doab
(Expert) 30 January 2017
Thanks for agreeing Mr. Rajendra K Goyal.
