srinivas 03 December 2015

Employers responsibility on pf claim settlement

Dear helping team,

I worked for a corporate for 4 years. Recently releaved and moved to abroad hence i requested for PF withdrawal (almost 8 months back). But company could not able to process PF amount. As and when i request them , they say that EPFO is asking some documents and they are in process of furnishing the same to EPFO to process my claim.

I asked my employer if they can provide any compensation for the delay (they accept the delay is from their side). But they say "as EPFO will give 8% of interest on PF amount, i am not in loss on delay hapenned"

But truly speaking, i lost the oppurtunity in using the funds (I had 24% interest loan , but gaining 8% is like 16% loss)

1. What is the responsibity of employer in PF settelment process ?

2. Can i approach law to complain ?

Please help me with the information.

Thanks,

Sri

Reply Follow

3 Replies

Kumar Doab (FIN) 04 December 2015

Do you have acknowledgment of having submitted the PF withdrawal forms to employer in any form? First of all extract an acknowledgment that can not be denied later. The designated HR person has to attest the PF forms within 5 days to concerned PF office and supply the acknowledgment issued by PF office (for you) to you. YOu may demand the copy of the acknowledgment.

If the employer has made any false representation you may lodge complaint with RPFC.

The DCDRF can also attend to your complaint.

Anand Bali Adv. (Advocate Solicitor & Consultant) 04 December 2015

Well advised by our Kumar Doab as above, nothing more to add in it except that you should first take the acknowledgement of the application submitted on your behalf issued by the EPF Office and then can proceed for the further case in the PF Tribunal for non payment of the PF in time OR if there is sone deficiency on the part of the Employer to get facilitated your PR refund.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 15 December 2015

Steps to EPF Withdrawal

Download the new form of the EPF withdrawal. This form is separate from the regular Form 19, Form 10C and form 31. The new forms are simplified and contains very few fields.
In these form you need to fill the mobile number, name, UAN, Address, Date of leaving, reason of leaving, and PAN.
1. To withdraw the EPF amount only, you should fill the Form 19 UAN.
2. To withdraw the pension benefit under EPS, you need to fill the form 10C UAN
Attach a canceled cheque along with these forms.
Submit the new EPF withdrawal forms and canceled cheque to the regional EPF office.

Note, you have to keep in mind that EPFO would tally your bank account number of canceled cheque with the number mentioned in UAN database. Both of these account should match as EPF balance would be deposited into the bank account mentioned in UAN database.

Alternative Procedure For Applying through Employer:

Visit to the human resource department of the employer with a copy of the blank cheque is enough.
The HR department will give you the form 19 and 10 C. You can have it beforehand.
Even you can ask information about your joining and leaving date from the HR.
Submit both the forms with HR.
HR will attest the form and send it to the regional PF office.
The regional PF office takes about one month to process your application.
EPFO deposits PF amount directly to the employee’s account.