Hello
We have recently terminated a Manager for manipulating the records and mishandling of cash. We have asked him to clear the amount which goes above One Lac. His Clearance is on hold, however he is asking for PF withdrawal.
Can we clear his PF without the clearance of other dues?
Kindly guide. Awaiting ur valuable inputs.
regards
smita
From India, Pune
1We have recently terminated a Manager for manipulating the records and mishandling of cash. We have asked him to clear the amount which goes above One Lac. His Clearance is on hold, however he is asking for PF withdrawal.
Can we clear his PF without the clearance of other dues?
Kindly guide. Awaiting ur valuable inputs.
regards
smita
From India, Pune
Technically you can’t hold back the PF. What you can do, you can register a case of forgery in the name of that employee.
From Nigeria, Lagos
From Nigeria, Lagos
Hi Smita,
Augutsya rightly said you cannot hold back any individuals PF, as per the law. Actually PF is his earned salary which he parts with for his future. There are many cases where the same had been done when a fraud had been committed by the individual, but when the individual went to court the verdict was in favor of the Individual and the company was penalized.
So please consult a legal person before stopping his PF.
Regards
Anita
From India, Mumbai
Augutsya rightly said you cannot hold back any individuals PF, as per the law. Actually PF is his earned salary which he parts with for his future. There are many cases where the same had been done when a fraud had been committed by the individual, but when the individual went to court the verdict was in favor of the Individual and the company was penalized.
So please consult a legal person before stopping his PF.
Regards
Anita
From India, Mumbai
Dear Smita,
Techinically we can't enjoy power of stopping PF withdrawls, it doesn't come under our purview.
You can do lodge FIR against him and/ or stop or deduct from gratuity and ex gratia if being paid in your organisation.
Thanks
Nirbhaya
From India, Bankura
Techinically we can't enjoy power of stopping PF withdrawls, it doesn't come under our purview.
You can do lodge FIR against him and/ or stop or deduct from gratuity and ex gratia if being paid in your organisation.
Thanks
Nirbhaya
From India, Bankura
Dear Smita,
Yes I do agree with above statement,we cannot forfeit PF Amount on any case but we can forfeit his Gratuity & Bonus based on the lose that he maid to your company.I guess this might will help you.
Regards,
Harchand
From India, Kolkata
Yes I do agree with above statement,we cannot forfeit PF Amount on any case but we can forfeit his Gratuity & Bonus based on the lose that he maid to your company.I guess this might will help you.
Regards,
Harchand
From India, Kolkata
There is no means by which a employer can withhold the PF amount of an employee. If its a cash manipulation case you can try by lodging a police complain and filing the copy with the local PF commissioner. Then it is totally upto the discretion of the PF commissioner whether to honor it or not. But legally after six months of his termination the employee can happily apply for the PF withdrawal on his individual capacity and if a listed Bank manager certifies his signature where he has an account he will automatically get his PF money directly to his account. So practically you can not hold anyone's PF Money. So try to find out other means to recover the fund and it should be strictly and legally followed with the liad down procedures, like, show cause, then enquiry by an independent authority and then disciplinary action.
From India, Delhi
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Early PF withdrawal won’t be easy.pdf
Guide Lines for PF Withdrawal.doc