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sivam (Sr executive)     31 December 2014

Low pf amount deposited in my pf account

Hi,

My name is sivam,i worked in a company from june'13 till september 14,i dont have proper relieving from my previous employer,when i tried to withdraw the PF which is deducted from my CTC i was informed at PF office that they have not deposited not even the money which they deducted as per my pay slips,also their contribution(obviously that too deducted from my ctc),I have the payslips which is issued by my previous emplyer please help me with the below clarification,,

1.Is there anything to do with my proper relieving(i upsconded from my earlier employer)?

2.How the complaints would work,do PF authorities take action against my previous employer!

3.How to complain is there a format,& some department heads i have to specifially complaint about this?

4.If PF authorities doesnt repond to my complaint properly where & whom shall i complain for the next level?

I would be so thankful if someone help me in regards to the above said.



Learning

 6 Replies

Dr R SHANMUGA SUNDARAMM (Advocate)     31 December 2014

Dear sir,

Kindly know your PF number, the same will be mentioned in your salary slip. Based on your PF number you can check your PF balance by online.

 

If your company didn’t deposited the PF amount in your account, then based on all the documents (Number of employees working in your company, year of establishment, details of directors, Offer letter issued to you, Month on Month Salary Slip, Bank Statement etc..)  you can contact a lawyer and send a notice, definitely the PF authorities will respond you.

IKGoyal Advocate (Legal)     31 December 2014

PF can take action against the employer under criminal law. Your employer has committed criminal breach of trust under S. 405 IPC. File a complaint before Court. M: 9414212031

IKGoyal Advocate (Legal)     31 December 2014

*PF Authorities can take action against the employer under Employees Provident Fund and Miscellaneous Act, 1952.

Kumar Doab (FIN)     31 December 2014

The designated HR personnel as 'Authorized Signatory' and if he/she does not the employer himself (appointing Authority/MD)has to supply the PF number/PF a/c slips of each year showing the employee+employer's contribution+Interest+funds in PF a/c............................

 

If either of these is not supplied to you may write under proper  acknowledgment to all of them to supply these by Reg. post so as to reach you in say next 3 days.......You may even mention that postage prepaid self addressed envelope is attached for sending the Redg. Post to you.

 

Avoid lodging online complaints and prefer to lodge written complaint in person under proper acknowledgment on the spot  thru  RPFC in the nearest PF office ,, and ask to depute Inspector to obtain records with the company and penalize on the spot..and follow up thru RTI......................

 

The EPFO is bound to recover the PF dues and penalize the employer...........................

 

YOu can also lodge police complaint.....

T. Kalaiselvan, Advocate (Advocate)     02 January 2015

Take the help of a local lawyer and initiate proper action to get back yur dues.

Sudhir Kumar, Advocate (Advocate)     03 January 2015

1.Is there anything to do with my proper relieving(i upsconded from my earlier employer)?

YOU CAN WITHDRAW MONEY WHEN YOU CEASE TO BE IN SERVICE.  YOU DO NOT HAVE RELIEVING.  YOU CAN GET IT TRANSFERRED TO YOUR NEW ACCOUNT WHEN YOU JON ANOTHER COMPANY.

 

HOWEVER YOUR LEAVING COMPANY WITHOUT RELIVING DOES NOT ENTITLE THE COMPANY TO USURP THE MONEY.  IT IS CRIME UNDER PG ACT AS WELL AS U/S 406/409 WHICH IS COGNISABLE (means area SHO can take notice of this case even without complaint from EPFO)

 

2.How the complaints would work,do PF authorities take action against my previous employer!

 

YOU HAVE TO GIVE COMPLAINT IN WRITING INDICATING THE AMOUNT AND PERIOD OF DEFAULT WITH PROOF IF YOU HAVE GOT.  THEY HAVE TO INITAITE ACTION UNDER SECTION 7A OFEPF ACT.  YOU CAN REQUEST YOU TO BEPRESENT IN PROCEEDINGS.

 

IF RPFC IS IN CONNIVANCE THEN THEY WILL DO ONLY WINDOW DRESSING.  YOU CAN THEN COMPLAINT TO CPFC CVO OF EPFO AND ALSO TO CVC.

 

IF THEY ARE IN DEEPT CONNIVANCE THNE THEY WILL ADVISE COMPANY TO DEPOSIT YOUR DUE AND CLOSE THE CASE.

 

IF RPFC ACTS FAIR THEN THEY WILL NOT START INQUIRY FOR YOU ALONE THEY WILL CHECK AL RECORDS FOR ALL EMPLOYEES SINCE INCEPTION OF THE COMPANY AND PASS ASSESEMENT ORDER AGAINST THEM WITH DAMAGES.

3.How to complain is there a format,& some department heads i have to specifially complaint about this?

 

COMPLAINT TO RPFC ON PLAIN PAPERS

4.If PF authorities doesnt repond to my complaint properly where & whom shall i complain for the next level?

 

ADVISED ABOVE


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