Dear Seniors,
Lots of discussion has already taken place regarding this topic. But I came across a person who is facing below mentioned problem so thought to take opinion from seniors.
Problem: One of my friend worked with a company for around three years then she changed her job. After three months she sent the PF transfer form to the previous employer so that the money can be transferred to the new account created by the new company. But the previous employer is not willing to sign the form after lots of interactions she came to know though the PF was deducted from the salary it was not remitted to PF department. This is the rerason they are not signing the form.
Kindly suggest what can be done in this situation?
Thanks and Regards,
Seema
From India, New Delhi
Lots of discussion has already taken place regarding this topic. But I came across a person who is facing below mentioned problem so thought to take opinion from seniors.
Problem: One of my friend worked with a company for around three years then she changed her job. After three months she sent the PF transfer form to the previous employer so that the money can be transferred to the new account created by the new company. But the previous employer is not willing to sign the form after lots of interactions she came to know though the PF was deducted from the salary it was not remitted to PF department. This is the rerason they are not signing the form.
Kindly suggest what can be done in this situation?
Thanks and Regards,
Seema
From India, New Delhi
Dear Seema
This is purely the fault on part of employer,once they have deducted the PF contribution amount from the employee they are liable to deposit the contribution of employee as well as employers contribution, In this case what i should suggest to the person is that He shall note the date since the contribution was deducted from his salary (with record of his salary paid by the employer to the employee) contact a good Lawer(Dealing in Labour Laws) and file a case against the previous employer these type of employers are required to be dealt with severially and ask them to pay the amount with interest since the date of contribution.
Regards
Munam
This is purely the fault on part of employer,once they have deducted the PF contribution amount from the employee they are liable to deposit the contribution of employee as well as employers contribution, In this case what i should suggest to the person is that He shall note the date since the contribution was deducted from his salary (with record of his salary paid by the employer to the employee) contact a good Lawer(Dealing in Labour Laws) and file a case against the previous employer these type of employers are required to be dealt with severially and ask them to pay the amount with interest since the date of contribution.
Regards
Munam
Dear Seema,
First of all there is no need for the signature of the previous employer in case of PF Transfer. You just need to fill up the Form 13 (PF transfer form) and get it signed by your current employer. So get the FORM 13 filled up and get it signed by your current employer and submit that form to Regional PF office. Please make sure that the Old PF Number and new PF number provided by the current employer is filled in correctly. Your PF fund will get transfered from old account to the new one.
Amit Goyal
From India, Delhi
10First of all there is no need for the signature of the previous employer in case of PF Transfer. You just need to fill up the Form 13 (PF transfer form) and get it signed by your current employer. So get the FORM 13 filled up and get it signed by your current employer and submit that form to Regional PF office. Please make sure that the Old PF Number and new PF number provided by the current employer is filled in correctly. Your PF fund will get transfered from old account to the new one.
Amit Goyal
From India, Delhi
Munam and Amit,
Thanks for your valuable inputs.
Munam you mentioned that my friend should go legally. I would like to know is there any other way out other than going legally. As it consumes lot of time. What Amit mentioned sounds a good idea to submit it directly but what about the pending amount which the previous employer of my friend has not remitted into employee account?
But as mentioned by Munam if my friend goes legally then she will get the whole amount.
Looking forward for your reply.
Thanks and Regards,
Seema
From India, New Delhi
Thanks for your valuable inputs.
Munam you mentioned that my friend should go legally. I would like to know is there any other way out other than going legally. As it consumes lot of time. What Amit mentioned sounds a good idea to submit it directly but what about the pending amount which the previous employer of my friend has not remitted into employee account?
But as mentioned by Munam if my friend goes legally then she will get the whole amount.
Looking forward for your reply.
Thanks and Regards,
Seema
From India, New Delhi
Dear Seema
Why I am emphasising about going legally because I had seen the cases in which the PF account was not opened by the employer and the regular deductions hadbeen made from the employees salary, If your friend donot want the matter settled through legal process, the best solution is get the old EPF Number from the Previous Employer (if it exist) and apply through Form-13 though new employer and get the new EPF number from the new employer and start contributing through new Number and forget the previous balance amount.
Munam
Why I am emphasising about going legally because I had seen the cases in which the PF account was not opened by the employer and the regular deductions hadbeen made from the employees salary, If your friend donot want the matter settled through legal process, the best solution is get the old EPF Number from the Previous Employer (if it exist) and apply through Form-13 though new employer and get the new EPF number from the new employer and start contributing through new Number and forget the previous balance amount.
Munam
Dear
This is very simple case. Nowadays PF authorities are working very smartly and doing the best. Ask your friend to fill up Form 13 with the signature of present employer and forward to concerned PF Commissioner directly. They will take the necessary steps immediately.
Above all no authourities have the right to impound of attach PF contribution. Even Income Tax dept does not have the power to attach PF contribution in any case.
So ask your friend to take bold steps. Days are changed. Culprit employeers can not escape.
SM SUltan
Sr. Manager HR
NAPC LTD
09884360577
From United Arab Emirates, Dubai
This is very simple case. Nowadays PF authorities are working very smartly and doing the best. Ask your friend to fill up Form 13 with the signature of present employer and forward to concerned PF Commissioner directly. They will take the necessary steps immediately.
Above all no authourities have the right to impound of attach PF contribution. Even Income Tax dept does not have the power to attach PF contribution in any case.
So ask your friend to take bold steps. Days are changed. Culprit employeers can not escape.
SM SUltan
Sr. Manager HR
NAPC LTD
09884360577
From United Arab Emirates, Dubai
Hi Seema,
Your friend should try to get this issue settled amicably with the previous employer as the PF has not been deposited into the PF account.
If the issue is not settled amicably then legal recourse should be sought.
Regards
Richa
From India, Pune
Your friend should try to get this issue settled amicably with the previous employer as the PF has not been deposited into the PF account.
If the issue is not settled amicably then legal recourse should be sought.
Regards
Richa
From India, Pune
Hi Seema,
By this time your query is well answered by our other friends.
Your friend is in a very comfortable situation, and in this case it is the employer who is in hot waters.
But my suggestion is that your friend should not waste any more time and proceed accordingly as discussed above. PF laws are very strict as in this non bailable warrant is issued in the name of employer/director and the violations of PF laws by employer is deemed to be a very serious issue.
These kind of employers who harrass their employees should not be spared and should be taught proper lesson so that they cant do the same with anyone again.
Bibhutosh Bhadauria
From Australia, Balwyn
By this time your query is well answered by our other friends.
Your friend is in a very comfortable situation, and in this case it is the employer who is in hot waters.
But my suggestion is that your friend should not waste any more time and proceed accordingly as discussed above. PF laws are very strict as in this non bailable warrant is issued in the name of employer/director and the violations of PF laws by employer is deemed to be a very serious issue.
These kind of employers who harrass their employees should not be spared and should be taught proper lesson so that they cant do the same with anyone again.
Bibhutosh Bhadauria
From Australia, Balwyn
Hi All,
Thanks for all the valuable inputs. I was not aware that PF officers take actions against employers! I was under the impression that if the employer bribes the PF officer everything will be in employer's favour. ( Have seen this once)
But as per the points mentioned by all of you I am thinking positive and hope that my friends problem will be resolved.
Thanks again for all the inputs.
Regards,
Seema
From India, New Delhi
Thanks for all the valuable inputs. I was not aware that PF officers take actions against employers! I was under the impression that if the employer bribes the PF officer everything will be in employer's favour. ( Have seen this once)
But as per the points mentioned by all of you I am thinking positive and hope that my friends problem will be resolved.
Thanks again for all the inputs.
Regards,
Seema
From India, New Delhi
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