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G.P.Sharma (Hr)     03 May 2013

Pf withdrawal without signature of employer

 

I have worked with an organization for 8months. I resigned my job due to some personal and health problems. As per company rules every employee must serve two months prior notice before leaving the company. I have handover my resignation letter to HR  and he asked me to work for 2months or pay 2months salary to relieve me from the organization. But I am absconded from the organisation due to some unavoidable reasons.

Its been 6months since that happens. Now I want to withdraw my PF amount without approaching my previous employer. Please tell me the procedure for withdrawing my Pf money as I am in dire need of money.

Please let me know the step by step procedure to withdraw my Pf money and what are the legal action can my previous employer take on me for absconding.

 

Thanks in advance..

Regards,



 20 Replies

Advocate Sastry (Advocate)     03 May 2013

You have to submit the prescribed forms FORM 19 and Form 10 (c) and submit to PF office through your previous employer. The forms are self explantory and you should sign on revenue stamps and give etails of your bank account number...

As regards your query "Please let me know the step by step procedure to withdraw my Pf money and what are the legal action can my previous employer take on me for absconding"   it can be replied after knowing who was your previous employer and their service rules..

G.P.Sharma (Hr)     03 May 2013

i have heard that incase we could not get employer signiture on pf form then we can submit the both forms form19 and 10(c) directly  to the PF office by get them attested by gazetted officer or bank manger where the member holds his account and other gazetted officers. pls give me more details of above said way and  pl let me know the procedure to withdraw my pf money without interference of my previous employer.

thanks in advance.

 

sharma

Kumar Doab (FIN)     03 May 2013

 

 

Abscondment may be defined as: desertion/ as breach/repudiation of contract, or dismissal of employee by employee himself

 

 

You have handed over your resignation to designated employee in HR, thus you have not absconded. The reason stated by you for resignation is valid reasons.

 

Resignation can be without permission or Notice.

 

If your terms of employment state notice pay in lieu of notice period company can adjust notice pay in FNF settlement and still if some amounts are due towards you it may ask you to pay.

 

The company levels charge of abscondment to deny FNF settlement/proper relieving/relieving letter and thus arm twist the employee come back running to employer, and set an illustratious example for other employees to frighten them.

 

The PF forms can be attested by a gazetted Officer/BM of the bank where you hold operative bank a/c, and submitted thru local PF office where you currently reside to concerned PF office where your PF a/c is maintained.

However do not forget to obtain proper acknowledgment.

 

 You have to attach a letter that you have been submitting the PF forms to company and it has not attested the forms and submitted to concerned PF office or you for onwards submission to concerned PF office.

 

Declining to attest PF forms is offence. PF can not be blocked or attached even bu a court decree.

As a HR person you should be aware of it.

You may meet PRO,APFC,RPFC at your local PF office in person.

www.epfindia.gov.in

 

Employee should never act in haste while joining, while working, while separating…………and should always consult elders in the family, competent and experienced well wishers, lawyer/law firm and proceed under expert advice.

G.P.Sharma (Hr)     07 May 2013

 

Dear sir,

 

I express my hurtful thanks to you for your detailed explanation. Still I have some doubts to be clarified.

My appointment terms and conditions says that every employee in the probation period must serve 1month notice (or) 1 month gross salary in lieu of notice (probation period is 12months). But in later days they have changed the notice period  one month to 2months, I came to know the same information through email fromHRD . As per my employment terms and and conditions (where i signed) the notice period is only for a month. Should I abide to be follow the changes.

Recently I have checked my PF balance in epf portal and  it has sent me a sms to my registered mobile number  with wrong PF below mentioned  status:

EE (employee) contribution Rs.245 and ER (employer) Contribution Rs.75.

I have contributed Rs.400 each month towards my PF for 8months.

Finally my doubt is  If I submit the PF withdrawal form directly to the PF office with duly attested by gazetted officer, will PF officials communicate with my previous employer regarding any  details? If yes, is my previous employer has any right to stop to withdraw my PF money as I have failed to serve notice for two months. and you told me to attach  a letter with the attested Pf  forms  so pl tell whom should I address and what information should i mention in the letter.

Does he(employer) come to know if I submit my PF withdrawal forms i.e. form 19 and form10(c) directly to the concerned PF office where my account is maintained.

 Sir kindly give me the step by step procedure to withdraw my PF amount without my previous employer interference and give the reasons to for wrong PF status with my account.

Sir I am in dire need of money, your valuable suggestions will solve my temporary problems

 

Thanks in advance.

 

Regards,

Sharma

Advocate Sastry (Advocate)     07 May 2013

Dear Sharma,

From this forum we guide on legal matters... As regards your question to explain STEP BY STEP procedure, please  contact  PRO,APFC,RPFC at your local PF office in person as suggested by my friend Mr. Kumar Deb.  

 

 Any how we heartily accept your hurtful thanks... Good Luck

G.P.Sharma (Hr)     08 May 2013

Dear Sirs,

sorry for bothering you all.

i request you all  to clarify my above doubts instead of step by step procedure. 

i will look forward for your kind reply.

Advocate Sastry (Advocate)     08 May 2013

Dear Sharma,

I am unable to understand why you are so much afraid to get the signature of your previous employer on PF Claim forms ?

The employer cannot refuse to sign/attest the forms... If you have your salary slips deducting your PF @ Rs. 400 per month for a period of 8 months and the same has not been remitted to PF Office, you can complain to PF Commissioner with a copy to your employer... You can send me a Private Mesage or e mail kssastry2006@yahoo.com

Kumar Doab (FIN)     08 May 2013

 

As advised by Mr. Sastry, you are unnecessarily perturbed.

 

-----Address your letter to RPFC.

No: company can not block/decline attesting the PF forms. If you are withdrawing thee is no need to mention about your current employer.

If company does it is offence.

Visit RPFC/APFC in your nearest PF office.

Lodge a complaint by attaching copies of salary slip.

 

 

----- You have accepted 1 month notice of resignation stated in your appointment letter. You have not consented to 2 months. This clause is in favor of employer and not in favor of employee.

Notice period is part of service conditions and is stated in certified standing orders of the company ( If standing orders are applicable but are not certified Model Standing Orders shall apply), appointment letter and Shops and Commercial Establishments Act also mentions notice period.

Notice period stated in standing orders shall prevail upon notice period in appointment letter or emails.

G.P.Sharma (Hr)     10 May 2013

Dear Sirs,

I would like to express my sicere thanks to you for your kind advices and clear explaination regarding my PF withdrawal.you have cleared all my doubts.

i am very lucky to be here in this community with you people.

i am very sory if any  inconveneince caused by me.

Sastry sir and kumar sir i wil send you personal messages/ emails if i have any doubts in future.

Thanks & Regards,

Prashanth sharma

G.P.Sharma (Hr)     22 May 2013

Dear Sirs,

is there any possibilty to transfer my EPS amount to my new pf account at the same time withdrawing only my PF money by submittng form 19 .

(or)

please let me is there any chance to withdraw half of my pf amount and transfering half amount to new pf account. 

thanks in advance...

Sudhir Kumar (Dy Director)     23 May 2013

yes but not by F/19 rather by another form which is F/13 or F/31

suresh (Nil)     03 August 2013

I was employed in govt. organization for 1 year. Later i resigned through proper channel due to personal reasons. The resignation letter has been signed by my 3 immediate bosses in hierarchy and is supposed to be sent to HR wing by them through proper channel. In my resignation letter, i mentioned that I will pay the indemnity bond amount and salary in lieu of notice period as I have not served for the notice period of 3 months. No one contacted each other for almost 3 years. The organization did not accept my resignation and after 3 years asked me to join the service treating me absconding from duty and unauthorized absence. Later on it terminated me as I have not joined. No proper relieving and FNF is executed. Now my PF account is inoperative for more than 7 years. Now i am in dire need of money and want to withdraw my epf amount. I wish to know whether the organization will forward my withdrawal application even after terminating me without FNF settlement. If not, how can i get my EPF withdrawl. The account in which the organization transferred salary has already been closed. So can i get the EPF amount in another account jointly held by me with my mother. Recently i got other job in a private company, which itself manages a CPF trust following the rules of EPF only, but i don't want to get my new employer in picture in any way as i have not told about my previous job. hence i don't want to transfer the previous EPF amount to new epf account and want only to withdraw the previous epf amount due to dire need of money. Since date, I have never processed to withdraw epf from my this old inoperative account. In this regard, I wish to know the following things:

 

  1. Should I first sent my epf withdrawl application to old employer even after gap of seven years and the account being inoperative before trying other options like bank manager attestation etc.? Whether the organization is legally bound to forward my application or it can has a legal right to block my application by demanding dues?
  2. Whether it is necessary to get EPF in the same account in which salary had been credited by my old employer? That account has already been closed and I wish to get the amount in a new joint account held with my mother. Is it possible?
  3. whether an organization who terminated me in stead of accepting my resignation is still eligible for getting the indemnity amount?
  4. Can I get my epf amount to my new joint account without declaring about my new job to anyone as I don’t want to bring it in the picture?

 

 

Kindly help me at the earliest as I am in dire need of money. I will be highly thankful to you for your this kindness.

Thanking you,

Suresh

Kumar Doab (FIN)     03 August 2013

 

THE EMPLOYEES' PROVIDENT FUND AND MP ACT, 1952

Section 10: 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.

 

Refusal to attest PF forms is offence. Employer has to attest the forms and submit in 5 days. Employer must supply acknowledgment issued by PF office (for you) to you thru effective mode of communication ……redg. psot. Remember to submit PF forms by redg. post under proper acknowledgment.

 

If the employer does not attest the forms you can lodge a complaint with RPFC in local PF office (under proper acknowledgment).

 

 

You can submit PF forms attested by BM of your bank thru RPFC in local PF office (under proper acknowledgment), along with a covering letter that employer is not attesting the forms.

 

 

www.epfindia.gov.in

 https://www.epfindia.gov.in/sites/pdf/CitizenCharter.pdf

 

There are many threads on PF at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=51#.Ufz-a9KAqWO

 

You may find these relevant and useful.

 

 

 

Sudhir Kumar (Dy Director)     04 August 2013

I believe no better advise could be therer.  Kumar Doab has given deep thought


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