Pf related

After changing your job( if within 2 months), you can apply for transfer of PF fund through form-13 online or otherwise.  in case, you are with no work for 2 months ,you can also apply to withdraw the PF fund through f-19/10c by attesting these from previous employer.

I would like to suggest you something as follow:

1. Take the printout of all your Salary Slips (Including Latest/Last Month Salary Slip)

2. Resign from the Company (Give Notice Period or By Back Notice Period or Try to get relief from the company in case of Notice Period)

3. After 2 Months apply for PF Withdrawal in your old company.

4. Make Sure when you apply for PF Withdrawal in your old company mention the account transfer in the form (If Possible Mention SBI Account Details) the money will get credited in your account in max 30 days and min 20 days.

5. make sure to get some company email address for your safety for e.g. (CEO, MD, Chairman, HR and Finance Head or Director, HR Manager and Finance Manager)

5. Submit the PF form in PF Office which you receive from your company.

6. Once you receive money then invest that money in your PPF Account (Open PPF Account in SBI) max you can deposit is Rs.1 lac and min Rs.500 in a financial year.

Since the PF Account is a cream amount for life hence i would suggest to save that money.

Now coming to your query as mentioned above:

I am assuming as per your Query you mean the company has not deposited the PF Money. Where as the salary slip shows that the PF has been deducted. Also you have mentioned that you are planning to change the Job.

If I'm not wrong and my assumption is correct then I would suggest Follow my procedure as mentioned above from 1 to 5.

Like this you will also save your self.

                     By Serving your Notice Period you will get the re-leaving certificate or experience certificate on the last day of service with the help of which you can apply in other company along with the experience certificate. I am sure you are working with Private Limited Company, Since the PSU/Govt/Semi Govt and Limited reputed companies will not make such kind of mistakes.

If the company has not deposited the PF Amount they won't give you the attested PF Form at all.

If incase you won't receive the PF Form from your old company simply send them a reminder email from your personal email address asking for your PF Form. (1st email need to be sent to the HR and Finance Managers Only) along with this email please do mention the time line for reply as well and also mention that you need the Member's annual Contribution card issued by EPFO Dept to your old company.

If incase still not receive reply from your old company send another email as Reminder Email to HR and Finance Managers and CC to CEO, MD, Chairman, HR and Finance Head or Directors.

If incase you receive call from them in regards to your email (If it is in your favour accept it else ignore the call) and send reminder on the same email for update on the email. If you receive any other call from them try to record the call and tell them clearly to send email for the conversation you had with them.

Then file a complaint to the Commissioner of EPFO Dept in regards to this issue.

If not receive any update on the same then send 1, 2 and 3 reminders.

Then finally file case against the company in Labour court You as Appellant and Your Old Company and EPFO Dept as Respondent. 

Present your case in front of Labour Commissioner with all the copies of Salary Slips, Email sent to company and EPFO Dept along with Recorded Call. Also don't forget to file Compensation Case, mental harassment and litigation case against your old company and EPFO Dept.

I think this procedure is more than enough to nail them down.

Regards,

Kunal

It shall be good to transfer the funds in PF a/c to new company and keep the a/c regular for at least 10Y and thus be eligible for pension. If you have chosen to transfer there is no need to send the forms by you to past employer. YOU may submit it to new employer under acknowledgment and request that acknowledgment of submission of PF forms be provided to you.

If you withdraw you shall loose a significant component of funds in EPS portion of your PF a/c.

If you choose to withdraw submit PF forms by redg. post to past employer ( obtain POD and certified copy of run sheet of postman against a fee of Rs.10/-) and demand that:

--------Attested PF forms are supplied to you by redg. post and you shall on your own submit the attested PF forms to concerned PF office, and that a self addressed postage prepaid envelope bearing postage stamps of Rs……………………..is attached herewith.

The concerned HR person is expected to attest and submit the PF forms within 5 days.

You can submit the attested copies of PF forms thru your local o/o of EPFO also, and obtain acknowledgment from them.

OR

-------The company should supply you the original acknowledgment issued by concerned PF office (for you) to you by redg. post only.

Declinature or failure to attest the PF forms is cognizable offence and owners of the company can face imprisionment.

The HR person handling PF should not maintain studied silence or decline to reply or he can also face the music………………………

You may also check if the company is listed amongst list of defaulters at the website of EPFO

www.epfindia.gov.in

Even if the company is listed as defaulter do not shy from submitting the PF forms.

Later you can pursue thru RTI route also to find what action is taken by concerned RPFC.

the querist has not firmed if his PF is deposited or not>

He has only stated that it has been deducted.

without these details no advise can be given by me.

Mr. Sudhir Kumar is right.

The querist has posted that:

“Now i want to change my job, i found that they have deposited pf amount. My salary slip will show that pf has been deducted. “

If deduction of PF is shown in salary slip is deposited with EPFO then there is no issue at all.

If it is not deposited then the querist should confirm.

@Sudhir Sir, Kumar Doab and Rajinder Sir,

Thats why I have mentioned my points if deposited the same then follow the steps as mentioned above by me or by Kumar Doab,

If not deposited the money then also follow my other steps to safe guard your self.

Regards,

Kunal

now let the querist clarify further.

Dear Sir,

                        i am sorry, my mail put you people, in confused state. My pf amount has not deposited. H.R. Manger is not responding three mails. My pf account is in noida, i stay in Bangalore. how can i make representation  about this issue to p.f. commissioner. How can  i proceed.

reagrds

_Sameer

Mr. Sudhir Kumar is right.

Instead of sending emails submit a letter and pursue thru RTI route.This should make the clerks, Head Clerks and PF officials also move.

You can submit your complaint thru RPFC Bangalore.

The RPFC at Bangalore shall also tell you that it is an offence.

However seek an appointment before and visit with two copies of complaint and obtain diary number and acknowledgment on your copy and demand a reply in writing thru redg. post.

If the company has local office at Bangalore submit a copy of your representation to them and then include their names as local officials of the company along with HR person siting in HO that is responsible for PF and MD of the company.

Build pressure.

Mr. Sudhir Kumar

     I can file complaint 7A, but how can i represent my case in front of pf commissioner. I stay in Bangalore, but all our account is in noida.

 yes they have branch in Bangalore.

 Regards

_Sameer

As mentioned in your Query you have mentioned that PF Deduction is there in your salary slips.. I am sure you might have ur PF Account Number in the same.

Incase the PF Account Number is not mentioned in the Salary Slip, Please contact your Finance team and ask them to share the PF Account Number with you.

Then you can file RTI in PF Department to confirm the status of the account and the statement of the same. You can file RTI in both ways With and Without Account Number as they have designed the system in such a way where in they can search the account with Account Number or Name, Date Of Birth, Father Name and so on......

With the help of RTI Reply you can represent your case.

Mr. Sudhir Kumar has advised that you can lodge a complaint in local

Thana.

Mr. Sudhir Kumar has been helping querists with his exceptional knowledge on PF matters.

It has already been suggested that you can lodge complaint thru RPFC at Bangalore with a copy to Addl CPFC of your state, Delhi and CPFC of India.

NO one shall refuse to entertain you.

You may also lodge a complaint with Inspector under Karnataka Shops and Establishments Act and with O/o Labor commissioner.

Submit one carefully structured representation by letter addressed to company’s employee heading the Bangalore Branch, MD and Appointing Authority in the company, HR gut handling the PF, HR Head of the company and submit it either by hand to Bangalore Branch ( either by hand under originals seal an signature at he reception where all dak/mail of the company is received and entered in inward mail register or by redg. post) and by redg. post to all others and conclude that despite all previous representations ( narrate by mentioning date of representation in person/ by email/ by letter/by phone and mention names/designations/dept/name of company/address of company’s officials to whom representation was made and brief minutes of representations) and conclude that despite all previous representations company has not supplied the PF number, year wise PF a/c slips of whole tenure of service, and has not replied at all to your representations and has maintained studied silence.

Due to this you are convinced that company has usurped your hard monies and this is illegal, unlawful and you shall be constrained to seek legal advice at cost and consequences of the company and approach institutions of print and electronic media, police, lawful authorities, courts of law, trade unions, online social-legal-consumer-citizens’ forums/portals, consumer court, lok adalat,  and any other forum as deemed fit at the cost and consequences of the company…………………….

You may add that this may be treated as last and final notice and company must reply by redg. post under original seal and signature of the competent employee of the company.

You may ad that postage prepaid, self addressed envelope is attached for sending reply to you by redg. post only so as to reach you in next say……………….7 days.  

It may drill sense into the heads.

Pursue thru RTO route. You can also lodge complaint to Vigilance Cell of EPFO alleging connivance. There are provisions of deductions of fine from pay of PF officials if they do not act.

Thereafter your option is to issue legal notice thru your lawyer, to one and all by name including RPFC and you are likely to get a reply.

Finally you can pull one and all to forum of your choice.