Hi all,
I was working in a private limited company with headquarters in the US. They did not pay salaries to the employees since January 2012 because of funding issues. So the PF is also not credited by the company for this duration. However, it was confirmed by the company MD that PF till December 2011 is credited. The company MD asked us to go on unpaid leave since March, and the company office has been closed since then. I left the company in March 2012 and have joined another company.
Now, in this situation, can you suggest how I should handle my PF? The options can be either to withdraw the PF or to transfer it to the new company account. The issue I see here is that my previous company has not credited the last 3 months of PF (January, February, and March). The transfer form requires the date of leaving the service of the earlier employee.
What can be the alternatives in such a case? If anyone has encountered a similar case before and/or knows about the rules to follow in such a situation, please let me know. That would be of great help.
Thanks in advance.
From India, Pune
I was working in a private limited company with headquarters in the US. They did not pay salaries to the employees since January 2012 because of funding issues. So the PF is also not credited by the company for this duration. However, it was confirmed by the company MD that PF till December 2011 is credited. The company MD asked us to go on unpaid leave since March, and the company office has been closed since then. I left the company in March 2012 and have joined another company.
Now, in this situation, can you suggest how I should handle my PF? The options can be either to withdraw the PF or to transfer it to the new company account. The issue I see here is that my previous company has not credited the last 3 months of PF (January, February, and March). The transfer form requires the date of leaving the service of the earlier employee.
What can be the alternatives in such a case? If anyone has encountered a similar case before and/or knows about the rules to follow in such a situation, please let me know. That would be of great help.
Thanks in advance.
From India, Pune
Build a people-first startup with seamless employee engagement tools. See It In Action - Book Your Demo
Mr. Kulkarni,
Till the date you worked in the company, you are entitled to wages irrespective of whether they are paid or not. Thus, as long as the employer owes you wages, he is liable to pay the contribution on such wages payable to you. Therefore, you can fill out Form 19 and get it attested by the Branch Manager of the bank in which you are holding your SB account or by a Gazetted officer/Postmaster and submit the form to the P.F. Dept for necessary action.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
57Till the date you worked in the company, you are entitled to wages irrespective of whether they are paid or not. Thus, as long as the employer owes you wages, he is liable to pay the contribution on such wages payable to you. Therefore, you can fill out Form 19 and get it attested by the Branch Manager of the bank in which you are holding your SB account or by a Gazetted officer/Postmaster and submit the form to the P.F. Dept for necessary action.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Hi Saikumar,
Thank you for your prompt response. I have a few queries regarding PF withdrawal (Form 19). Will the PF office release the credited PF even if the last three months' PF has not been credited? I am not hopeful about receiving the PF from my company. Will the release occur when my company deposits the due PF? The same question applies to transfers as well. In this situation, would it be better to opt for a transfer or a withdrawal?
Thank you.
From India, Pune
Thank you for your prompt response. I have a few queries regarding PF withdrawal (Form 19). Will the PF office release the credited PF even if the last three months' PF has not been credited? I am not hopeful about receiving the PF from my company. Will the release occur when my company deposits the due PF? The same question applies to transfers as well. In this situation, would it be better to opt for a transfer or a withdrawal?
Thank you.
From India, Pune
I have a query here, If the Company does not sign Form 10C and 19, what is the remedy? Please guide.
From India, New Delhi
From India, New Delhi
Mr. Kulkarni,
P.F. authorities are vested with the power to recover dues from a defaulting employer under the P.F. Act since the employer might have defaulted in respect of other employees as well. You need not worry about it. It may take some time, but you will receive the P.F. dues for the entire period of service in the company. Stay in touch with the P.F. department at regular intervals.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
P.F. authorities are vested with the power to recover dues from a defaulting employer under the P.F. Act since the employer might have defaulted in respect of other employees as well. You need not worry about it. It may take some time, but you will receive the P.F. dues for the entire period of service in the company. Stay in touch with the P.F. department at regular intervals.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Dear Kulkarni,
It is better to transfer to the present company. If you are a PF member with more than 10 years of service, you are entitled to receive a Pension Scheme certificate. Otherwise, you can withdraw your amount by applying Form 19 and 10C, duly attested by a gazetted officer.
Whether it is legally closed as per the Industrial Disputes Act, 1947, or not? Or is it a sick unit?
It is the responsibility of the employer to remit the PF share of contribution (both employee & employer) every month. If they fail to do so, PF authorities will issue a show-cause notice to the default employer. If the default employer does not remit PF contributions by the given date, they will impose penalties and damages for delayed payment of PF contributions.
If the employer does not pay your salary for three months even after your repeated communication with the management, it is up to you to approach the labor court by filing an application under Sec 33(2) to claim pending wages.
Regards,
D. Pannerselvam
From India, Mumbai
It is better to transfer to the present company. If you are a PF member with more than 10 years of service, you are entitled to receive a Pension Scheme certificate. Otherwise, you can withdraw your amount by applying Form 19 and 10C, duly attested by a gazetted officer.
Whether it is legally closed as per the Industrial Disputes Act, 1947, or not? Or is it a sick unit?
It is the responsibility of the employer to remit the PF share of contribution (both employee & employer) every month. If they fail to do so, PF authorities will issue a show-cause notice to the default employer. If the default employer does not remit PF contributions by the given date, they will impose penalties and damages for delayed payment of PF contributions.
If the employer does not pay your salary for three months even after your repeated communication with the management, it is up to you to approach the labor court by filing an application under Sec 33(2) to claim pending wages.
Regards,
D. Pannerselvam
From India, Mumbai
Hi All,
Thanks a lot for the detailed replies.
@Pannerselvam, the company management claims that they have not yet shut down. They have asked us to go for unpaid leave. But it is more like an illegal shutdown to evade responsibilities and dues. I will certainly explore Sec 33(2) possibilities.
Thanks and Regards.
From India, Pune
Thanks a lot for the detailed replies.
@Pannerselvam, the company management claims that they have not yet shut down. They have asked us to go for unpaid leave. But it is more like an illegal shutdown to evade responsibilities and dues. I will certainly explore Sec 33(2) possibilities.
Thanks and Regards.
From India, Pune
Dear Sir,
Non-payment of PF by employers is common. Don't worry about it. They will have to pay at last. Regarding your question, you can transfer the P.F. or withdraw the P.F. amount. In the first instance, they will clear whatever amount is available in your account. The delayed payment by the employer will be sent to your account at a later date after payment by the employer.
D. Gurumurthy LL.HR & IR Consultant.
From India, Hyderabad
Non-payment of PF by employers is common. Don't worry about it. They will have to pay at last. Regarding your question, you can transfer the P.F. or withdraw the P.F. amount. In the first instance, they will clear whatever amount is available in your account. The delayed payment by the employer will be sent to your account at a later date after payment by the employer.
D. Gurumurthy LL.HR & IR Consultant.
From India, Hyderabad
You can use the EPFiGMA to know the status of your PF.
EPFiGMS - Employees Provident Fund internet Grievance Management System
[/B]
A lot of people are suffering with their PF related woes owing to the attitude of employers as well as the PF Authorities. Mostly these delays are owing to the corruption. Although, the Government is doing its best to provide information to the employees in a better way, yet the means of the corrupt are stronger than the measures of the Government.
You may see the following threads Problem in claiming PF amount at
Problem in claiming My PF amount
PF Status / Balance - Page 177
pf no
However, still, one can take some measures to get the information:
01. First you should directly ask your HR dept. to provide your PF Number, and other assistance that you require concerning your PF related issue.
02. However, if employer neglects your request, just approach Regional PF Office and consult EDP section. (You have to be smart and humble while requesting EDP section, just tell your company's Name, your name and your Account No., the person will verify your records through computer and will let you know the exact status as on date)
03. All of you seeking PF related help may use the following link which will take you to EPFO newly launched "Employees Provident Fund internet Grievance Management System (EPFiGMS) portal: EPFO <link updated to site home> or go to Home Page
This is the New service started by EPFO for online redressal of grievances of the members of EPFO and covers the following types of the queries:
1. Withdrawal/Final Settlement of PF (Form19/20/31/10C)
2. Transfer of PF Accumulations (Form 13)
3. Scheme Certificate (Form 10 C)
4. Settlement of Pension (Form 10 D)
5. Issue of PF Slip/PF Balance
6. Payment of Insurance Benefit (Form 5 IF)
7. Cheque Returned/Misplaced
8. Other (Not covered above)
04. Also see the following blog at :
EPFiGMS � EPF i-GRIEVIENCE MAMAGEMENT SYSTEM - Blogs - RTI INDIA
Epfo has introduced the sms based communication platform - Blogs - RTI INDIA
Pf accounts idle for 36 months or more months to fetch no interest - Blogs - RTI INDIA
05. EPFO has launched a new system for getting PF updates through SMS, if your Account is still operative: EPFO <link updated to site home>
One can also see your claim status from the following link Claim status of any EPFO office can be seen: EPFO <link updated to site home>
06.For other details, following link can be tried:EPFO
07. Alternatively you can file RTI Application with the Concerned RPFC and seek necessary information.
From India, Chandigarh
EPFiGMS - Employees Provident Fund internet Grievance Management System
[/B]
A lot of people are suffering with their PF related woes owing to the attitude of employers as well as the PF Authorities. Mostly these delays are owing to the corruption. Although, the Government is doing its best to provide information to the employees in a better way, yet the means of the corrupt are stronger than the measures of the Government.
You may see the following threads Problem in claiming PF amount at
Problem in claiming My PF amount
PF Status / Balance - Page 177
pf no
However, still, one can take some measures to get the information:
01. First you should directly ask your HR dept. to provide your PF Number, and other assistance that you require concerning your PF related issue.
02. However, if employer neglects your request, just approach Regional PF Office and consult EDP section. (You have to be smart and humble while requesting EDP section, just tell your company's Name, your name and your Account No., the person will verify your records through computer and will let you know the exact status as on date)
03. All of you seeking PF related help may use the following link which will take you to EPFO newly launched "Employees Provident Fund internet Grievance Management System (EPFiGMS) portal: EPFO <link updated to site home> or go to Home Page
This is the New service started by EPFO for online redressal of grievances of the members of EPFO and covers the following types of the queries:
1. Withdrawal/Final Settlement of PF (Form19/20/31/10C)
2. Transfer of PF Accumulations (Form 13)
3. Scheme Certificate (Form 10 C)
4. Settlement of Pension (Form 10 D)
5. Issue of PF Slip/PF Balance
6. Payment of Insurance Benefit (Form 5 IF)
7. Cheque Returned/Misplaced
8. Other (Not covered above)
04. Also see the following blog at :
EPFiGMS � EPF i-GRIEVIENCE MAMAGEMENT SYSTEM - Blogs - RTI INDIA
Epfo has introduced the sms based communication platform - Blogs - RTI INDIA
Pf accounts idle for 36 months or more months to fetch no interest - Blogs - RTI INDIA
05. EPFO has launched a new system for getting PF updates through SMS, if your Account is still operative: EPFO <link updated to site home>
One can also see your claim status from the following link Claim status of any EPFO office can be seen: EPFO <link updated to site home>
06.For other details, following link can be tried:EPFO
07. Alternatively you can file RTI Application with the Concerned RPFC and seek necessary information.
From India, Chandigarh
You stated that you left the company and joined a new one. Have you resigned? Or are you still on the rolls of the old company? If you have resigned and joined a new company, it is better to get your accounts transferred to the new company (as explained in Post #6 above). Do not worry about the unpaid salaries. That will be taken care of by the EPFO (as explained in post #5 above).
From India, Madras
From India, Madras
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
