Hi All,
I have a question here and i want all our expert fellow HR & Legal professionals to address the query.
Can an employee who absconded from the services, claim for his PF accumulated fund and can he approach labor court in this regard and what are his chances of winning?
From India, Hyderabad
I have a question here and i want all our expert fellow HR & Legal professionals to address the query.
Can an employee who absconded from the services, claim for his PF accumulated fund and can he approach labor court in this regard and what are his chances of winning?
From India, Hyderabad
Dear HR Members, We are also facing the same issue, with one of the staff.... Can employee claim for his PF even after absconding form the services.... Regards, Arun Kumar.
From India, Bangalore
5From India, Bangalore
Thank you so much Mrugen Vyas, It would be of great help if you can guide me through an article which speaks about the absconders and the right to claim PF. Regards, Mike
From India, Hyderabad
From India, Hyderabad
You are right my friend. PF claiming cannot be stopped by the organisation. we had similar issue, but we could not stop the employee claiming the PF amount from the PF dept directly.
From India, Hyderabad
From India, Hyderabad
Mike,
These are two separate issues.The employee has contributed to his PF and has a right to claim it. If he has absconded, it is case of indiscipline and action has to be taken as per relevant rules.
The two issues cannot be mixed!
Absconding by itself implies that the employee has just not reported for duty. So, he is obviously not being paid for that absence. If his absence has caused a break in work and/or production then can be held against him, up-to a certain point where he is declared an absconder. Thereafter it should be up-to the management to replace him. However, if he has absconded with company property then a case of theft can possibly be made out and the same will have to be followed up through the process of law.
Even if convicted the PF cannot automatically be weighed against the theft of company property.
He will be levied a separate fine for the theft.
He will have to be paid his PF dues.
Good luck to you.
Colonel J Gahlot
Proprietor
'TRURECRUIT'
From India, Delhi
These are two separate issues.The employee has contributed to his PF and has a right to claim it. If he has absconded, it is case of indiscipline and action has to be taken as per relevant rules.
The two issues cannot be mixed!
Absconding by itself implies that the employee has just not reported for duty. So, he is obviously not being paid for that absence. If his absence has caused a break in work and/or production then can be held against him, up-to a certain point where he is declared an absconder. Thereafter it should be up-to the management to replace him. However, if he has absconded with company property then a case of theft can possibly be made out and the same will have to be followed up through the process of law.
Even if convicted the PF cannot automatically be weighed against the theft of company property.
He will be levied a separate fine for the theft.
He will have to be paid his PF dues.
Good luck to you.
Colonel J Gahlot
Proprietor
'TRURECRUIT'
From India, Delhi
Mike PF is claimable irrespective of abscondment, Even no need of approaching LC since the PF Office itself would sanction it.
From India, Chennai
From India, Chennai
But to withdraw pf,we need the sign n syamp of the organization then why will they sign if we abscond the company?
From India, Delhi
From India, Delhi
Hello sir,
I'am a fresher and iam working in wipro.Its been 5months iam working here.Now i got a job somewhere else and iam joining that company as i want to work in that profile.I was trying to put resignation from last 3 weeks but there was some issue with my id due to which i was not able to do so.Now my joining in the new company is from 1 december but wipro have not relieved me.I have put in the resignation but will not be able to serve the whole notice period so will it be considered as absconding?
And can i witjdraw my pf?
I don't need any experience letter from the company..just need my pf
Surbhi
From India, Delhi
I'am a fresher and iam working in wipro.Its been 5months iam working here.Now i got a job somewhere else and iam joining that company as i want to work in that profile.I was trying to put resignation from last 3 weeks but there was some issue with my id due to which i was not able to do so.Now my joining in the new company is from 1 december but wipro have not relieved me.I have put in the resignation but will not be able to serve the whole notice period so will it be considered as absconding?
And can i witjdraw my pf?
I don't need any experience letter from the company..just need my pf
Surbhi
From India, Delhi
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