Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

Search for Lawyers          
    



Please Wait ..


Discussion > Labour & Service Law > Experience letter and pf withdrawal   Unanswered Threads Post New Topic

Pages : 1


There are 3 Replies to this message


Aditi Pandey


Manager
[ Scorecard : 44]
Posted On 22 March 2012 at 14:24 Report Abuse

Hi ,

 

Can you please give me the link for labour law regarding Experience Letter and PF Withdrawal as one of my friends is facing an issue with the same.

 

She has a recovery to his name. She specified the intention to pay as well but he needs his pf amount to pay it from and the employer is not agreeing to it. Her resignation was nicely accapeted and he has a mail for the same as well, however, the employer has not given any relieving or experience letter and is not co-operation in withdrawing the pf as well saying tht she has to clear the dues before that. There was no letter sent to her..when she proactively mailed the HR for the re leaving letter after around 6-7 months, they mailed her back saying sorry no mail could be delivered to you due to some issues. However, u have a recovery amount outstanding. This doesnot make sense at all.

 

Kindly suggest.

 

Aditi



Kumar Doab


FIN
[ Scorecard : 17974]
Posted On 22 March 2012 at 15:25 Report Abuse

You have posted: “Her resignation was nicely accepted and he has a mail for the same as well and  However, u have a recovery amount outstanding.”

The point of view in HR may be employer’s contribution can be subjected to recovery.

Has the company charged the employee for fraud or recovery and has it supplied any ,memo/ show cause notice/legal notice etc.?  Probably not.

 

Can the amount standing to the credit of any member in the Fund be assigned, charged or attached?: The amount standing to the credit of a member in the Fund cannot be assigned, charged or attached under any decree or order of any Court. Similarly, the amount standing to the credit of a member in the Fund at the time of his death is free from any debt or other liability incurred by the member before his death and cannot be attached under any decree or order of any Court. {Section 10}

 

Did the employee submit PF withdrawal forms to employer and if yes you have the acknowledgment/POD? Did you succeed in getting the acknowledgment from employer that your PF withdrawal forms have been received by them?

 

 

The employer has no right to withhold your PF. It is the duty of the employer under the Act & Scheme to help Employees' Provident Fund organization to settle the Provident Fund dues of his employees. He has to complete the prescribed application within 5 days of receipt [para72(5)] forms & hand over it to the member when he leaves the service. You may visit the PF office and fill up the withdrawal forms (19 and 10C), and enter fill establishment Code and your PF Account no. In your case just forward your claim form to the concerned RPFC with a letter stating employer has refused to sign the forms. Mark a copy to copy of the letter may be marked to Central Provident Fund Commissioner requesting him to issue instructions to the concerned to process the forms without any interruption, and then the PF officials will send their PF Enforcement Officers to such establishment and then they takes some penalty and sign from your employer and then you will get settled your PF claim. PF will be remitted straight away in your account. You may obtain signature& seal of Astt. Commissioner of Labor or Govt Labor Officer or Gazetted officer (in place of employer, signature of gazetted officer is required in case of a closed establishment) ,Manager of a bank, Member of the Central Board of Trustees./ committee/ Regional Committee (Employees’ Provident Fund Organization), Magistrate/ Post/ Sub Post Master/ President of Village Panchayat/ Notary Public. and submit the same to RPFC, with a letter as mentioned above. Did you send the forms to employer? If yes do you have the POD? Do you have any record (audio/visual/email/letter etc) confirming employer has denied signing the forms. If yes your case is even stronger. Employee should always record such situations.

 

If the company is not issuing the experience/service certificate, employee may lodge a complaint with O/o Labor Commissioner.


Aditi Pandey


Manager
[ Scorecard : 44]
Posted On 05 April 2012 at 13:42 Report Abuse

The employee submitted her pf form but the oraganization is mailing / calling her to come back and collect the form as the same cannot be processed due to recovery amount on her name.

 

Kindly suggest


Kumar Doab


FIN
[ Scorecard : 17974]
Posted On 05 April 2012 at 14:49 Report Abuse

You have posted that company is declining by "mailing/calling".

The employee may lodge a complaint with RPFC with a copy to CPFC and may quote all emails/phone calls, and name/designation/dept. of company personnel who have declined by email/phone call. let the PF office do its duty. The employee can raise RTI application and ask the name of PF official who visited the company, action taken and fine levied.

The employee can report the matter to O/o labor commissioner and under SE Act.

The employee can also issue legal notice. The employee may open as many fronts and proceed as deemed fit.



Related Files



Previous Thread
Previous
Next Thread
Next

Related Threads


Post your reply for Experience letter and pf withdrawal



Your are not logged in . Please login to post replies

Click here to login


Not a member yet ?? Click here to signup

Message







    

  • This is a public forum. Avoid posting content which you do not wish to disclose in public.
  • Use thank button to convey your appreciation.
  • Maintain professionalism while posting and replying to topics.
  • Try to add value with your each post.





Subscribe to the latest topics :


Forum Home | Forum Portal | Control Center | Who is Where | Popular Threads | Today's Topic | Recent Posts | Today's Posts | Post New Topic | Thread With Files | Top Threads - Month | Unreplied Topics | Forum Stats


web analytics