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laxman (associate)     19 September 2011

Pf amount

Dear experts,

I was joined a limited company in the year of 2006 after two year of my service suddenly I resigned my job and went to my home without given notice period to the company. The company was not accepted my resignation and the company was treated me as “absconding” .Now I want to claim my PF Amount but the company has not been accepting my PF settlement claim form, due to this absconding reason. The company strongly says that" your PF settlement form will not forward to the PF Office and also you won’t get it without our (company) approval.”

My question is:-

1, Can I get PF settlement amount without intervention of the company?.

2, How can I forward my PF settlement application form to the PF office? And where can I get the application?

3. Can the PF office settle my PF amount without approval of the company? Because the company won’t give approval to me.

Thanks in advance

laxman



Learning

 4 Replies

Kumar Doab (FIN)     19 September 2011

You can get the forms attested from your bank manager and submit to concerned o/o PF comissioner.

Ruchi Choudhary (Manager-HR)     20 September 2011

Dear Laxman,

No company has a right to stop your PF amount. However, if they are not attesting it then you can directly approach the PF office ; they will send the notice to company and your money will be recovered immediately.

Regards,

Ruchi

laxman (associate)     21 September 2011

Thanks Ruchi  and kumar .

Few more queries hereunder:-

1. Can I send PF form to the local office or my pf account office which was opened my PF a/c in Maharashtra   (MH/BAN/----/---)?

2. Is it necessary to attest the PF form by the bank manager?

3. I would like to send my PF application to the concerned PF office by post; can they accept my application? If so what are the enclosures should have to submit? 

laxman

Kumar Doab (FIN)     21 September 2011

Ruchi has rightly adviced as per the situation explained by you in your post.

If you have resigned without any notice period then company can claim notice pay from you. Company chose to follow its HR practice/decision to not to accept your resignation, but it seems that company has not supplied you any warning  at your local and permanent record, in writing that your resignation is not accepted and you should report on duty. If it is so then it is bad HR practice.

Company has transferred the onus on you to protest, complain and litigate. You did not abscond. Hope you did not have any company property issued to you and if it was you must have returned the same and obtained acknowledgment with comments e.g. nothing is pending.

Company is duty bound to supply you, F&F, settlement of a/c, work experience/service certificate ( you may not mention conduct and relieving certificate),form 16,PF accumulation reports/withdrawal forms/transfer forms, etc., and since company has not done so you can demand these. Company can deduct notice pay in F&F. You can offer the same @ basic pay.

The statement of the company:

" your PF settlement form will not forward to the PF Office and also you won’t get it without our (company) approval.”

Is verbal or in writing. The conduct of the company is bad.

If you have submitted the PF forms to company and have the copy of POD in your possession you can submit a gentle communication to your appointing authority, MD,. Head-HR, and lodge your protest that, company has not supplied you the acknowledgment issued by PF office till date.

You can complain to the concerned PF office in Maharashtra, in which your PF a/c is maintained, and they shall issue notice to company. Heavy penalties are imposed, and company deserves it. It is felt that you should not let them escape without penalty.

If there no compelling financial reasons, it shall be appropriate to keep the PF a/c regular as after 10 years you shall be eligible for pension. The interest on fund accumulated in PF a/c is good.

If you have decided to withdraw funds from your PF a/c, you can obtain forms from any PF office and bank manager is one of the competent authorities to attest the forms.

You should send the attested forms to to the concerned PF office in Maharashtra, by registered/speed post, under acknowledgment and obtain POD from Post office.

You can monitor the status at website of epfo is:

https://www.epfindia.gov.in/

You can lodge complaints to apfc, cpfc, at this website. Their and addresses of  PRO, PIO, CPIO are available at the website. You can raise RTI application also.

 

 

 

 


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