PF not paid to the Employee Urgent please
Querist :
Anonymous
(Querist) 08 January 2011
This query is : Resolved
"A" joined in Private Security services, as Security Man, and rendered service 18 months continuesly with out any interruption. PF alsw was deducted from "A" Salary, due to some disturm from the Manager, "A" submitted resign letter along with Identity Card to the Manager.
When request made by "A" regarding PF. Manager stating that you have to submit Identity Card then i will give PF A/c. that too he is saying you are not eligible to get PF.
Manager further stating that you paid Single term PF
Generally how many types of PF, please clarify my doubt
one person told that 10 years should be paid to the PF then only eligible to get PF
remaining security Guards also took more amount form PF except me
Please help me urgent
Querist :
Anonymous
(Querist) 08 January 2011
sorry wrongly typed in 2nd line as alsw instead of also
in 3rd line wrongly typed as disturm instead of disturb
Manager have cruel mentality, i submitted Identity Card, but Manager again asking Identity Card, what shall i do please help urgent
Ajay Bansal
(Expert) 08 January 2011
The Manager is wrong. File a civil suit.
Govind Sharma
(Expert) 08 January 2011
Hi
As per the PF and Misc. Act and during various jidgment of honourable high court and Supreme court, it has hold that PF cannot be withhold of any employee by whatsoever reason, it is also cannot be deducted for loan taken from the company or any other damages caused to the company
Let me clarify your all query
Manager further stating that you paid Single term PF
Generally how many types of PF, please clarify my doubt: there is only one type of PF either managed by trust formed by the company or deposited to PF office. This amount need to be deducted every month from your gross salary and need to be deposited to PF department
one person told that 10 years should be paid to the PF then only eligible to get PF: No, no such rule exist. Your PG has 2 parts i.e. 12 % of your basic salary as your contribution that goes to your PF account and 12% of your basic salary from employer's contribution out of which 8.33 % goes to pension fund. If you withdraw your fund within 6 months only pension fund you don't get and if you withdraw after 6 months contribution, you get your all contribution with interest
remaining security Guards also took more amount form PF except me
So now you can ask for PF withdrawl or transfer form.
If he doesn't give the same to you, you can take signature of any nationalised bank manager on your PF withdrawl form and submit it to the concerned PF office else, since you fall under definition of worker/workmen, you can file complaint to Labour Court where Labour court is binded to initiate action within 45 days
Querist :
Anonymous
(Querist) 08 January 2011
Thank you very much sir, Mr. Govind Sharma gi
Guest
(Expert) 08 January 2011
KINDLY SEND A WRITTEN APPLICATION TO YOUR OFFICE AND CLAIM FINAL SETTLEMENT OF ALL DUES INCLUDING SALARY,PROVIDENT FUND, BONUS.ETC.AND ALSO MENTION THE FACT THAT YOU HAVE ALREADY RETURNED I.D.CARD TO THE SAID PERSON.
KINDLY SEND THE SAID APPLICATION BY SPEED POST A.D.
IN CASE THE ENTIRE DUES ARE NOT SETTLED ,YOU MAY FILE A COMPLAINT TO THE REGIONAL PROVIDENT FUND OFFICE AND YOUR PROBLEM WILL BE SOLVED.GOOD LUCK.
Kirti Kar Tripathi
(Expert) 09 January 2011
I agree with Mr. Govind Sharmar. he has explained nicely. but I differ on the point that remedy is available in Labour Court. It is responsibility of Provident Authorities to ensure the compliance of provisions of EPF Act. It is true the employer is under obligation to comply the provisions of Act. Whether he has deposited the contribution or not, it is not clear, it might be possible that though he has deducted the contribution but have not deposited. So my advice is to deposit you for before the concerned PF office after verifying your signature from Manager of Nationalized Bank or Gazetted Officer or any member of Parliament or legislative assembly with the endorsement that employer refuse to sign on form. thereafter, it is the responsibility of the PF authorities to have obtain signatures of your employers on form and released the amount. in case, they fail to do so, you have a remedy to approach Hon'ble High Court against PF authorities and employer for directions.
