Current employer's responsibility is over once he has submitted Form 13 to the PF office. In order to know whether the amount has been transferred or not, the employee can keep in touch with the PF office. However, as an HR initiative, the concerned officer who deals with the PF authorities can assist the employee to trace the status of the application either online or from the records at the PF office. Anyway, the matter will be clear when we get the annual statement since the old PF accumulations will be reflected as the opening balance.
Madhu.T.K
From India, Kannur
4769Madhu.T.K
From India, Kannur
Madhu, I have applied for the transfer of PF account "A" to PF account "B" almost 1.6 years ago. Recently, I learned that the transfer got rejected stating the below reason:
"Your claim in Form 13 for transfer-in has been rejected, the reason being 'Form 5/10 along with Date of Birth particulars to be submitted. Please contact 'A' Pvt. Ltd. to resubmit the claim along with the required documents."
I am not sure what this means.
- I guess Form 5/10 is submitted by the company when someone joins. Is that correct?
- Should I now ask company A to submit Form 5/10 to the concerned EPFO office? I am not sure how much company "A" will help me now as they are very unresponsive to such issues and to those who have left.
- The thing is, I have now joined company "C" and do not know if I have to resubmit the transfer form again from company "C"?
- What necessary actions and rights do I have now to expedite this process?
Regards,
Bhagya
From India, Hyderabad
"Your claim in Form 13 for transfer-in has been rejected, the reason being 'Form 5/10 along with Date of Birth particulars to be submitted. Please contact 'A' Pvt. Ltd. to resubmit the claim along with the required documents."
I am not sure what this means.
- I guess Form 5/10 is submitted by the company when someone joins. Is that correct?
- Should I now ask company A to submit Form 5/10 to the concerned EPFO office? I am not sure how much company "A" will help me now as they are very unresponsive to such issues and to those who have left.
- The thing is, I have now joined company "C" and do not know if I have to resubmit the transfer form again from company "C"?
- What necessary actions and rights do I have now to expedite this process?
Regards,
Bhagya
From India, Hyderabad
Form 5 is to give particulars of your joining Company A, and Form 10 is the one submitted by Company A when you left that company. Legally, members of the Provident Fund (you) are not expected to initiate such actions since Forms 5 and 10 should be available in the Provident Fund office if the company has been following the Provident Fund formalities up to date. Normally, if any form is missing, it is not the member's responsibility to obtain it, but the Provident Fund office's responsibility to collect it from the concerned employer (Company A).
There are two ways to address this situation. Either send a letter to Company A requesting the submission of the relevant documents (Forms 5 and 10) to the Provident Fund Office or write to the Provident Fund Office stating that since you have left the company, you no longer have any affiliation with the company, and as an outsider, you do not have the authority to request the submission of any internal company documents. In fact, you cannot compel a company, even your previous employer, to provide you with a company document, but Provident Fund officials can request it. Therefore, let the Provident Fund officials take the necessary steps to obtain the documents. When Provident Fund officials request any document (such as Form 5/10), the employer is legally obligated to provide it, and the employer cannot refuse, whereas when an outsider or even an employee requests any Provident Fund-related document (like any other document), the employer can refuse.
If you choose the second option, there may be delays, and you may need to follow up with multiple letters. You can also copy the Regional Provident Fund Commissioner and the Central Provident Fund Commissioner so that lower officials who attempt such tactics will be alerted.
If you have joined Company C, you will need to process this through Company C. It is advisable to submit two transfer forms, one from A to C and another from B to C.
Regards,
Madhu.T.K
From India, Kannur
There are two ways to address this situation. Either send a letter to Company A requesting the submission of the relevant documents (Forms 5 and 10) to the Provident Fund Office or write to the Provident Fund Office stating that since you have left the company, you no longer have any affiliation with the company, and as an outsider, you do not have the authority to request the submission of any internal company documents. In fact, you cannot compel a company, even your previous employer, to provide you with a company document, but Provident Fund officials can request it. Therefore, let the Provident Fund officials take the necessary steps to obtain the documents. When Provident Fund officials request any document (such as Form 5/10), the employer is legally obligated to provide it, and the employer cannot refuse, whereas when an outsider or even an employee requests any Provident Fund-related document (like any other document), the employer can refuse.
If you choose the second option, there may be delays, and you may need to follow up with multiple letters. You can also copy the Regional Provident Fund Commissioner and the Central Provident Fund Commissioner so that lower officials who attempt such tactics will be alerted.
If you have joined Company C, you will need to process this through Company C. It is advisable to submit two transfer forms, one from A to C and another from B to C.
Regards,
Madhu.T.K
From India, Kannur
Thank you, Madhu, for your help with this information. I just realized that Company A provided me with Form 5 & 10 when I left them. Now, as I have to resubmit the transfer form with Company C, do I also need to submit Form 5 & 10 along with Form 13? Do I need to submit these forms 5/10 in their original format?
Alternatively, should I raise another grievance query online with the same reference number and ask the PF officials to contact Company A directly for Form 5/10?
Or should I write to the Central PF officer asking them to contact Company A for forms 5/10? If yes, what should be the process and format of the letter?
I have heard that I can assert some rights under the RTI Act. I am not sure how this would apply in my case. Can you please shed some light on this for me?
From India, Hyderabad
Alternatively, should I raise another grievance query online with the same reference number and ask the PF officials to contact Company A directly for Form 5/10?
Or should I write to the Central PF officer asking them to contact Company A for forms 5/10? If yes, what should be the process and format of the letter?
I have heard that I can assert some rights under the RTI Act. I am not sure how this would apply in my case. Can you please shed some light on this for me?
From India, Hyderabad
Meeting the Central PF Commissioner and tracing the status of your application/claims following the RTI Act are the only actions you should take when the primary source is not giving you any response.
If you have Forms 5/10 with you, you can resubmit the form along with Forms 5 and 10. It is advisable to keep a copy of the forms before submitting, just for your future reference.
It is advisable to submit Form 13 through the new employer, Company C, because the account to which the original transfer claim was to be transferred is also active now.
Madhu.T.K
From India, Kannur
If you have Forms 5/10 with you, you can resubmit the form along with Forms 5 and 10. It is advisable to keep a copy of the forms before submitting, just for your future reference.
It is advisable to submit Form 13 through the new employer, Company C, because the account to which the original transfer claim was to be transferred is also active now.
Madhu.T.K
From India, Kannur
Dear Bhagyal, You can also approach thru grievance cell of EPFO, It is having a good effect.
From India, New Delhi
From India, New Delhi
Hi Madhu,
Further to the query raised by Sachin Desai related to the responsibilities of the employer regarding an employee's previous employer's PF transfer to the current employment, can you guide on the EPF website where it states that the employer's responsibility is completed once the Form 13 is submitted to the PF Office?
This query arises if an employee claims that "X" had submitted the form to the company for transfer formalities when "X" was employed, and it has not been transferred even after the employee left the organization. The company is responsible for this and should compensate for the interest part of the amount that was supposed to be received as interest from the PF.
Thanks in advance for your valuable inputs.
With regards,
From United Kingdom
Further to the query raised by Sachin Desai related to the responsibilities of the employer regarding an employee's previous employer's PF transfer to the current employment, can you guide on the EPF website where it states that the employer's responsibility is completed once the Form 13 is submitted to the PF Office?
This query arises if an employee claims that "X" had submitted the form to the company for transfer formalities when "X" was employed, and it has not been transferred even after the employee left the organization. The company is responsible for this and should compensate for the interest part of the amount that was supposed to be received as interest from the PF.
Thanks in advance for your valuable inputs.
With regards,
From United Kingdom
Nowhere are the responsibilities of the present employer with regard to the transfer of accounts mentioned. In my post, I have stated that as an HR initiative, you should follow up and get things done.
Now, coming to the second part of the issue, where is it mentioned that the employer (present) is responsible if the account is not transferred? Also, concerning the interest part, who said that an account remaining unclaimed or not transferred in the previous account will not accrue interest? While transferring the account, interest is also added. Of course, after 36 months of it becoming non-operative, interest will cease to accrue, but by that time, it will be transferred to the new account with interest. How does it become the responsibility of an employer when negligence lies with the EPF Organisation?
Madhu.T.K
From India, Kannur
Now, coming to the second part of the issue, where is it mentioned that the employer (present) is responsible if the account is not transferred? Also, concerning the interest part, who said that an account remaining unclaimed or not transferred in the previous account will not accrue interest? While transferring the account, interest is also added. Of course, after 36 months of it becoming non-operative, interest will cease to accrue, but by that time, it will be transferred to the new account with interest. How does it become the responsibility of an employer when negligence lies with the EPF Organisation?
Madhu.T.K
From India, Kannur
Employer has not transferred PF amount in PF Account. I have left the organization in last year june 2014. Please suggest what to do?
From India, Pune
From India, Pune
This thread was started in 2013 when the system of online transfer was not in existence. Now, with the online portal for transferring PF, you can do it online. You can apply online by visiting Employees' Provident Fund Organisation's OTCP (Online Transfer Claim Portal) and submitting the details. Here again, like that of offline Form 13, the form can be sent either through the present employer or through the previous employer. In case of submission of the form through the previous employer, the time taken for effecting transfer will be less. For online approval, both employers should have valid digital signature certificates.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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PF Online Transfer.pdf
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