Eligibility of pf if resigned w/o notice

The funds held in your PF a/c is not be released by your company.

These are payable to you by the concerned o/o PF Commissioner which in your case is Pune.

PF can not be attached.

Do you have POD/acknowledgment of PF forms submitted by you to company?

Company is under obligation to submit your PF forms to concerned o/o PF Commissioner, in 5 days and supply you the acknowledgment issued by PF office.

Has the company declined to attest your PF forms in writing?

If yes you may retain the email/letter of declinature carefully. If it is declined verbally you may try again and this time you may record the discussion {audio/visual}.

Company can adjust the notice pay if you have not served notice period. Company can not block your service certificate, FNF settlement.

You may submit a gentle representation under proper acknowledgment addressed to the good offices of your Appointing Authority, MD, Company Secretary, to supply you the acknowledgment and acceptance of your resignation submitted by you in line with clause number……of your appointment letter dated……., service certificate, FNF statement showing computation and disbursement of all payables {including paid leave, gratuity if applicable}, payment of FNF dues by bank DD only, Form 16, PF number, PF account slips of all years, attested copies of PF withdrawal/transfer forms supplied by you on dated….., and if company has already submitted to PF office then the original acknowledgment issued by PF etc. by redg. post only, so as to reach you in say next ..7 days. You may mention that postage prepaid {as purchased from PO} self addressed envelope is enclosed with your letter to dispatch the reply by redg. post to you. You may mention that notice pay may be adjusted in FNF statement/settlement.

SE Act is applicable to IT companies.

You may refer to SE Act of UP. Notice period is 15 days.

Look into:

20.  Termination of employment by an employee.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall terminate his employment, except after notice of thirty days, or of such longer period, as may be required under the terms of his employment.

(2) Where an employee fails to comply with the provisions of sub-section (1), his unpaid wages for a period not exceeding fifteen days may be forfeited to his employer.

You may however obtain the latest version of the Act from dept of labor website or market.

Employee may agree to notice pay @ Basic + DA.

You may even lodge a complaint with Inspector under SE Act.

If the good offices maintain studied silence and do not provide any relief, you may get your PF forms attested by your bank manager and submit direct to PF office under acknowledgment with a covering letter mentioning your representations to good offices and concluding that company is declining to attest your forms.

PF dept. would be able to act better if you supply all proofs.

If good offices do not grant relief you may approach o/o APFC, RPFC, Addl.CPFC, CPFC. The contact details can be obtained from: 

https://epfindia.gov.in/

You can peruse RTI route also to obtain the details of PF Inspector assigned with your complaint, inspection report, status etc.

You may pay a visit to your local PF office also.

State of Karnataka has ended the blanket exemptions granted from standing orders.

It is time that employees in other states also unite and organise ansd strive to end the exemptions.

Employees form a very big vote bank. NO govt. can ignore especially in the times of coalition.

Hi Thank you very much for a response, however, do advise in layman's term how should i proceed with it?

Thanks,

Kanika

Non-submission of applicatin form is misconduct on the part of employer and if complained to the RPFC he is liable for prosecution.

PF cannot be withheld merely on such flimsy ground.  Rather on no ground.  It is evne immune fromcourt attachment.

---Do you have POD/acknowledgment of PF forms submitted by you to company?

---Company is under obligation to submit your PF forms to concerned o/o PF Commissioner, in 5 days and supply you the acknowledgment issued by PF office.

---You may submit a gentle representation under proper acknowledgment addressed to the good offices of your Appointing Authority, MD, Company Secretary, to supply you the acknowledgment and acceptance of your resignation submitted by you in line with clause number……of your appointment letter dated……., service certificate, FNF statement showing computation and disbursement of all payables {including paid leave, gratuity if applicable}, payment of FNF dues by bank DD only, Form 16, PF number, PF account slips of all years, attested copies of PF withdrawal/transfer forms supplied by you on dated…..{enclose copy of POD}, and if company has already submitted to PF office then the original acknowledgment issued by PF etc. by redg. post only, so as to reach you in say next ..7 days. You may mention that postage prepaid {as purchased from PO} self addressed envelope is enclosed with your letter to dispatch the reply by redg. post to you. You may mention that notice pay may be adjusted in FNF statement/settlement.

---If the good offices maintain studied silence and do not provide any relief, you may get your PF forms attested by your bank manager and submit direct to PF office under acknowledgment with a covering letter mentioning that company is declining to attest your forms. You may enclose copies of your communications to company and enclose POD  of PF forms to company.

---Has the company declined to attest your PF forms in writing?

In case you face any difficulty update in this thread.

I never applied for the PF because as per my telecon with the HR they would stall the whole process by saying that i am not eligible as I owe them money.

Please tell me if I should simply go to the company and apply for the PF, and if denied, take it in writing from them?

I understand that they cannot withold my PF but what actions can i take to ensure that they do not refuse me my right.

Thanks,

Kanika

You have posted that:

--“never applied for the PF because as per my telecon with the HR they would stall the whole process by saying that i am not eligible as I owe them money.”

Next time record it {audio/visual}.Keep a witness. If you visit personally, do not forget to enter and sign yours and your witness {es} entry into the register and if a pass is issued record the pass number, and make a video. Submit a copy of original covering letter

{Typed} and original PF withdrawal/transfer forms at the reception/desk where all mail is received and obtain acknowledgment under company’s seal and signature on your copy of covering letter and PF forms, and ask the concerned person to write the serial number on your copy.

Submit another original copy of your covering letter/PF forms to this HR person and ask to issue acknowledgment. Record your representation {audio/visual} and handle the discussion in such a matter that he/she states that “they would stall the whole process”, and you state/affirm that on receipt of FNF statement you shall make the payment if any by cheque provided company issues acknowledgment of cheque and receipt of payment on the spot.

You may submit a follow up letter and email addressed to good offices mentioning that you have submitted PF forms, along with self addressed postage prepaid envelope and acknowledgment issued by PF office be dispatched to you by redg. post only, in the envelope provided by you.

--“Please tell me if I should simply go to the company and apply for the PF, and if denied, take it in writing from them?”

You should take it in writing from them, however even retarded company personnel may not issue it in writing.

Such line management and HR litter nuisance to unimaginable proportions and a little effort from your end shall help fellow countrymen/colleagues and to reduce a few of such personnel from corporate scene.

---“ they also with held my PF on the pretext that I owe my company some recovery amount.”

FNF can not be held on any pretext as all pretext/contentions are to be supplied by company to employee in writing. If any amount is recoverable company has to supply correct FNF statement and demand as per FNF statement.

You must not pay any amount if correct  FNF statement is not supplied to you.

Let the HR people say what they want to but they are not the lawmakers of the country.  They attract criminal action.

But it can never be expected theat EPFO will act without written complaint.