Employer delaying the process of attestation of pf withdrawal form
dhiraj
(Querist) 12 February 2014
This query is : Resolved
dear sir
iwas working in a chennai based company for 3 years and later resigned with the company after getting the releivng letter,but now after 4 years later i want to withdraw my PF money due to unemployment for 4 months and Health issues .the previous comapny is delaying the process of attesting the documents sent and my withdrawal procedure for more than 2 months.they do not respond on the phone neither by mails and give un circumstantial reasons for delay, i have xerox copies of documents submitted and also the pod copy from courier for receivng documents at their end.
Please suggest me the directions in order the employee does attestation at earliest,can i submit the same documents to local PF office in other place other than chennai by getting attested documents through a gazetted officer or post master.
Dheeraj
Kumar Doab
(Expert) 12 February 2014
The designated HR personnel has to attest and submit the forms to concerned PF office in 5 days.
The establishment has to supply the acknowledgment issued by PF office for employee to you by effective mode of communication.
In addition to POD that you have obtain the POD by email also from courier company.If it is within 3 months they can't deny it. They can issue it later also by extracting the data from their server.
Such docs should preferably be submitted by redg. post and POD from PO ( free of cost) and certified copy of run sheet of postman (against a fee of Rs.10/-) within 18 months.
your may submit a letter to good offcies of appointing authority, MD by redg. post and demand acknowledgment issued by PF office and PF account slips of all 4 years by redg. post only.
You may attach a postage prepaid self addressed envelope for sending the redg. post to you.
YOU can also lodge a complaint thru RPFC in nearest PF office to you.
Declinature to attest PF forms is offence.
Later you can get the PF forms attested by any of the designated authorities e.g. BM of your bank and submit thru RPFC in nearest PF office to you, of course under proper acknowledgment.
Raj Kumar Makkad
(Expert) 12 February 2014
I do agree with the advice of Doab. The employer is bound t send the withdrawal forms of the employee failing which he is liable for the prosecution on the part of EPF office.
Rajendra K Goyal
(Expert) 13 February 2014
Agree with the expert Kumar Doab ji. Well advised.
dhiraj
(Querist) 13 February 2014
Dear Daob
thanks a lot for the,advice.of
now after several mails and call to the hierarchy ,they are asking that will attest the documents and send it to me.they cannot make the process of submitting to PF office as its not their responsibility .they want me to collect the attested documents and myself submit to the regional PF office.
Please suggest is this ok By Rules. as you have mentioned they should submit to PF office within 5 days,but now for me its more than 45 days they are askng me do this.
Dheeraj
Kumar Doab
(Expert) 13 February 2014
>>> CITIZEN’S CHARTER EMPLOYEES’ PROVIDENT FUND ORGANISATION
http://www.epfindia.com/sites/pdf/CitizenCharter.pdf
Members:
All claims shall be submitted with the required enclosures and duly attested
by the employer/authorized officer.
Employers:
The employer shall attest the claim forms submitted by the
members/beneficiaries and forward it to EPFO Offices promptly as per scheme provisions.
>>> Narrate all representations made so far by phone/emails/in person (mention dates, names, designations, names of company, address, phone numbers/time of call, email id’s etc and brief minutes of discussion) and conclude that on each date the company had stated ( if you have recorded calls it is good. If you have not, record the calls.) that PF forms are not attested (and attestation was being declined, if it is true).
Declare that the conduct is bad, in violation of rules and qualifies for penalty and punishment.
Conclude that on dated………………………….Mr/Ms……………………..designation demanded that you should come to office and collect the forms, and employer himself may state so in writing.
Thus transfer the onus on employer and HR.
Demand that even if attestation is delayed employer himself or designated HR person should submit the forms and supply you the acknowledgment issued by PF office.
>>> If company has never replied to your emails and has never stated that you should in person collect the PF forms then it should have replied in writing.
>>> You may insist upon RPFC in nearest PF office to depute PF Inspector and inflict penalty and punishment of establishment.
The monetary fine might be deducted from salary of HR personnel and this shall certainly drill sense into the heads and the offender shall think before offending any employee in future.
>>> If company sends the forms to you by courier do not forget to advice one and all to note down the name of courier and preferably collect copy of AWB and run sheet ( click image/photo) and download POD from website of courier.
>>> If PF forms are returned to you then you can submit thru APFC/RPFC in nearest PF office, with covering letter of course under proper acknowledgment.
Sudhir Kumar, Advocate
(Expert) 13 February 2014
I agree with Mr Kumar Doab that "YOU can also lodge a complaint thru RPFC in nearest PF office to you."
I will add that it is criminal offense to decline attestation of claim. But the complaint will lie before RPFC who maintains the claim and not the one who is nearest.
Advocate. Arunagiri
(Expert) 13 February 2014
You can submit the same forms to the PF office, and state the reason that the employer is not attesting the form.
PF office will send it to the employer and will obtain the attestation and will disburse your money.
Kumar Doab
(Expert) 13 February 2014
In your case the employer and its HR personnel are stuck up and therefore to evade the penalty and punishment they are now devising ways to show the lapse at your end that you have not collected the attested PF forms.
It is almost sure that they shall attest the PF forms from back date.
If you have got the evidence you can positively succeed to inflict a penalty and teach a lesson, which is required also in case of such individuals.
Such individuals are not fit to be left to loose around in a civilized society.
Tame and Shame them.
The funds in PF a/c are not in control of the company.
Record the calls. Generate evidence. Once you have evidence you can drill sense into the heads.
Thereafter Submit a final communication and
demand refund of expenses on follow up calls, emails, couriers etc.
Then either company shall submit PF forms to PF office, or send to you or you can submit PF forms with complaint to RPFC.
You can also lodge complaint with Employees unions, Trade Unions and also issue legal notice from your lawyer.
They know very effective ways to drill sense into the heads.YOU shall see that they shall come to you running/flying with acknowledgment issued by PF office.
dhiraj
(Querist) 14 February 2014
Dear all
thanks for your valuabland and kind advise .
i will do accordingly suggested by you and keep you posted on the latest.
i received a call from the company that they have send the documents by courier to my address mentioned.
Dhiraj
dhiraj
(Querist) 14 February 2014
thanks a lot kumar daob sir
T. Kalaiselvan, Advocate
(Expert) 15 February 2014
