Forfeiture - leave encashment + employer pf
(Querist) 13 August 2013
This query is : Resolved
Wish you very happy Good Morning.....!!!
What are the circumstances in which employer can forfeit Leave Encashment + Employer's PF Share of employee.
Can employer can incorporate such clause in Service Rules or Certified Standing Orders of establishment ?
Thanks in anticipation.
Sudhir Kumar, Advocate
(Expert) 16 August 2013
No part of any PF can ever be forfeited. In case of EPFO subscriber even the pension component is part of PF and enjoys equal protection.
Any clause to that effect shall be illegal.
In Govt sector leave encashment can be denied in case of dismissal from service or retiring under chargesheet/ suspension/ criminal case. Similar clause can be put in Standing Orders.
(Querist) 17 August 2013
Thanks a lot for your kind replies....!!!