Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Employer is not submitting the pf form to the pf office

Page no : 2

Ruhi (Technical writer)     14 February 2013

Thank you so much for helping me out. Form 10c is for pension scheme. Do I need to submit that as well.

M.S.R.Murty ( Manager (Admn))     14 February 2013

Dear Mr. Ruhi,

Yes, if you need reimbursement and subject to your service is less than 10 years.  You can keep pension Account with P.F.Department  till you attain the age of  retirement even in case of change of employment also.. 

Ruhi (Technical writer)     14 February 2013

Ok. So I need to submit both form 19 and 10c is it?

M.S.R.Murty ( Manager (Admn))     14 February 2013

Dear Mr.Ruhi

 

Yes, asper your wish

Kumar Doab (FIN)     14 February 2013

You may explain the reason in covering letter why you are submitting PF forms direct to PF office.

 

If you have submitted PF forms to Finance Manager under acknowledgment and if you have copies of written communications sent to company for supplying you the acknowledgment issued by PF office and if you have any other communication affirming that you have submitted PF forms to company but company has been withholding its submission to PF office you can enclose it with your covering letter while submitting your PF forms attested by BM of your bank to PF office.

 

The PF office thus may depute PF Inspector to visit the company and file his report of action taken.

 

If the PF office may revert to you after receiving your PF forms and you may proceed accordingly as per reply of PF office.

Sudhir Kumar, Advocate (Advocate)     14 February 2013

You are not understanding the problem. F/19 and 10C are meant for total withdrawal by false declationtion of you not employed elsewhere.  By getting this withdrawal you loose the pension credit of all past service (which turns huge when you are old) for this also you have to keep begging befor ethe past employer unless you are submitting a compalint against him to the RPFC requesting for his prosecution.


On the contrary if you fill up Form 13, through present employer they you do not have to go to previous employer. Thgis way all your accummulations will be shifted to to present account and you can count the previous contributory years to your pension.

Kumar Doab (FIN)     14 February 2013

Mr. Sudhir Kumar is right and has given valuable advice. Kindly follow it.

You can only withdraw your Employee provident fund money, only if you have no job at the time of withdrawing EPF and if 2 months have passed. Only transfer is allowed in case you get a new job and you switch to it.

 

Partial withdrawal from EPF amount is allowed in case of:

-Medical treatment of self or family ( spouse, children, dependant parents)

-Marriage/Education of self, children, siblings

-Repayment of housing loan for house in name of self, spouse, owned jointly.

- Repair/alteration of house in name of self, spouse, owned jointly

-Construction/purchase of house/flat/site/plot for self spouse, jopintly

 

 

Valuable advice of learned experts/members on the following is sought.

 

Is it that maximum amount of pension/per month is subjected to a maximum of Rs.3250/per month?

The EPF is for provided fund and EPS is for pension. The 12% contribution by employee is credited to EPF. Out of 12% contribution by employer, 8.33% is credited to EPS (subject to maximum of Rs 541) and balance is credited to EPF. This is the way pension corpus is built.

Employee is eligible for pension on completing age of 58Y and if he has completed 10Y of service. During these 10Y if employee has worked for more than 1 company employee should have transferred EPF and should not have withdrawn EPF.

Pension is life long and after the death of the member, family of the member is entitled for the pension.

Interest is accrued on EPF part. No interest is compounded on EPS part.

When employee opts for withdrawal of PF employee gets both EPF and EPS components.

While employee shall get 100% of the funds accrued in EPF, employee shall not get 100% of the funds in EPS part.

For each completed year of service a multiplying factor is applied as given in Table D.

The last drawn salary is taken as maximum to Rs.6500/per month.

Assuming you have worked for 5 years and your last drawn salary was Rs.15000/per month.

So from EPS component you shall get:

6500*5.28=Rs.34320/

Even if your PF pass book or PF account slip shows more amount in EPS component.

If you keep your PF account regular you are building a fund to help you when you retire.

Then there are other features, e.g:

VPF (Voluntary Provident Fund): You can contribute more than 12 % of employee’s contribution and this excess contribution gets invested in EPF and attracts interest. Employer may not match employee’s contribution and may limit up o 12%.

EDLI (Employees’ Deposit Linked Insurance): Company contributes 0.5% of salary

( max. is taken as Rs6500/per month) and max. Amount of life cover provided is Rs.60000/

 

EPF Pension Scheme

Table D

(See Paragraph 14)

 

Return of contribution on exit from the employment

 

Years of service

Proportion of wages at exit

1

1.02

2

2.05

3

3.10

4

4.18

5

5.28

6

6.40

7

7.54

8

8.70

9

9.88

 

 

 

Ruhi (Technical writer)     14 February 2013

Can't we withdraw the PF amount after 2 months of quitting the comany?

Sudhir Kumar, Advocate (Advocate)     15 February 2013

I repeat:-

 

You are not understanding the problem. F/19 and 10C are meant for total withdrawal by false declationtion of you not employed elsewhere.  By getting this withdrawal you loose the pension credit of all past service (which turns huge when you are old) for this also you have to keep begging befor ethe past employer unless you are submitting a compalint against him to the RPFC requesting for his prosecution.


On the contrary if you fill up Form 13, through present employer they you do not have to go to previous employer. Thgis way all your accummulations will be shifted to to present account and you can count the previous contributory years to your pension.

 

You can withdraw by falsely stating to be not employed elsewhere and such withdrawal results in reduction of you pension entitlement which is the onloy source after retirement.

Ruhi (Technical writer)     23 February 2013

Hi,

Can I just submit form 19?

Sudhir Kumar, Advocate (Advocate)     24 February 2013

you stand advised chjoice is yours

prajesh prajeesh (associate)     21 November 2013

sir ths s the same problem i am facing now . i hav submitted my pf form to my previous company but they are not submitting the pf form to pf office and also they have not given any proof of my submittance. my previous employer also not giving any response they are just saying that its still in process. Can i raise a complaint against the company in pf office? pls give me some advice ..

Kumar Doab (FIN)     21 November 2013

@ Prajesh,

This thread is self explanatory.

Your query is also addressed at:

 

 

https://www.lawyersclubindia.com/forum/Employer-is-not-submitting-the-pf-form-to-the-pf-office-92655.asp#.Uo482NIW1MA

Sudhir Kumar, Advocate (Advocate)     24 January 2014

@ Prejesh

 

Understood .  Apprently your problem is of PF evasion.

 

Please :-

 

(i) start your own query and do not mingle facts here.

(ii) give full facts of the case.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register