About pf transfer

Employee should never act in haste. Employee should always consult elders in the family, competent and experienced well wishers, law/law firm before acting on his own.

Employee should know his rights and should be well informed.

You have posted that:

----“i cannot serve my notice period completely

The employee can not be kept in employment by force.

The resignation can be without notice or permission.

The party (employee or employer) which breaches the contract of employment has to compensate the other and the compensation is usually stated in appointment letter in the form of Notice Pay.

However you must show your appointment letter to a competent and experienced labor consultant/service lawyer, give inputs in person, understand the merits and proceed under expert advice.

Employer should take care that employer is not given nay opportunity to charge the employee on any count including: for having caused loss say by leaving the tasks on hand as unfinished etc…………..

Therefore before you submit final resignation complete the task on hand.

Draft your final resignation addressed to appointing authority, MD……….carefully and mention that you shall be leaving on dated………….and as on date you have completed all task on hand and till dated…………(last day in office) routine duties only be assigned to you which can be completed within and up to dated…………and you should be informed to whom you should handover the charge/company property within and upto dated………………..You may add that you shall not be available after this date hence all exit formalities be completed within and up to this date……….

Submit it by redg. post.

Submit reminders with a copy to you. Keep all record and POD’s in personal file at home.

Handover charge under proper acknowledgment.

Submit final resignation (making mention of previous representations) by redg. post

------“if i abscond?.Thats the only way left for me.Please help me.”

Don’t abscond.

Abscondment is misconduct. Company can terminate. Company can level charge of having caused loss.

Resign properly.

----“is it possible to get our pf money?”

The funds accrued in your PF a/c are not in the control of employer. These are with EPFO.

The employer has to only attest the PF withdrawal forms.

If you want to withdraw submit completely filled PF forms ( with covering letter) by redg. post only and obtain POD from PO, including certified copy of run sheet of post man by paying a fee of Rs.10/-.

Refusing to attest the PF forms is offence. Employer has to submit the attested copies of PF forms within 5 days to EPFO, and supply the acknowledgment issued by PF office to employee.

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

If the employer does not submit your PF forms you can lodge compliant thru any PF office nearest to you (submit under acknowledgment).

If the employer has not been attesting PF forms you can get the forms attested by say BM of bank where you maintain bank a/c and submit thru any PF office nearest to you (under acknowledgment).

If you are transferring your PF a/c the employer does not come in picture.

Transfer of PF a/c shall be wiser. If you keep you’re a/c regular for 10 years you shall be eligible for pension. You can also avail advance from PF a/c. You get insurance thru PF a/c.

If you withdraw you PF a/c you may loose lot of money from EPS component of your PF a/c.

You can see details at:

www.epfindia.gov.in

In your representation/notice of resignation/subsequent reminders you may cite reference of each previous communication and add that notice pay may be adjusted in FNF statement/settlement.

Or you may prepare a statement of payables by you to company and payables by company to you and attach cheque for notice pay with your letter and demand acknowledgment on the spot and that notice pay recovery be adjusted in FNF statement.

Rate of notice pay is usually stated in appointment letter e.g. @ Basic + DA, Gross, CTC ……………

If nothing is stated you may calculate @ Basic + DA and ask the company to issue acknowledgment and acceptance on the spot, and revert to you on the acceptance of notice/resignation.

The employer disburses Gratuity, OT, Bonus, EL/Paid leave @ Basic + DA thus notice pay may be calculated at this rate.

Notice period/pay is stated in standing orders of the company/Model Standing Orders, appointment letter, and even (Name of state) shops and establishments Act.

 You can refer to these.

It is reiterated that before you act on your own, consult a lawyer with elders in the family.

consult a advocate dealing with labour law