I previously worked with HDFC SLIC as a Business development manager for 1.6 years. I resigned from the organisation on 12th of May. As per the company's policy, employees have to give 3 months notice period. Otherwise he won't get any benefits afterwards. Because of some unavoidable reasons, I couldn't give such notice.
Last week I contacted our HR person and he is telling me that the company is having a private PF Fund and they won't give PF to anybody who did not work for notice period.
Could someone please help me with advice on the matter. Its very urgent- almost 20 Ex employees of HDFC SLIC are waiting for the Query.
From India, Mumbai
6Last week I contacted our HR person and he is telling me that the company is having a private PF Fund and they won't give PF to anybody who did not work for notice period.
Could someone please help me with advice on the matter. Its very urgent- almost 20 Ex employees of HDFC SLIC are waiting for the Query.
From India, Mumbai
Hi Anoop,
No company can stop the PF.But if u signed any docs related to PF then it may be senstive issue. If u known any (Gaztd. officer, princpl) then it is possible that ur PF would be clear. Bcz he has da authority to signed hte PF form
thanx
From India, Delhi
No company can stop the PF.But if u signed any docs related to PF then it may be senstive issue. If u known any (Gaztd. officer, princpl) then it is possible that ur PF would be clear. Bcz he has da authority to signed hte PF form
thanx
From India, Delhi
Dear Anoop,
First there is no such thing lke private PF. All collection from employee and employer have to deposit in SBI on the behalf of Provident fund department.
Second an employee is legally not bind to serve three month notice but he has to gave one month prior notice for a job change but if there is any problem employer cannot go for one month notice also.
You can directly take form 19 and 10C from the market and duly signed by your authorised memeber of the company you can submit directly to pf office.
Third you can contact to any pf inspector on this issue or visit the site for epfo and sent a writeten complant against them
Hope this information willl help u.
Regards
Ranjeet
From India, New Delhi
First there is no such thing lke private PF. All collection from employee and employer have to deposit in SBI on the behalf of Provident fund department.
Second an employee is legally not bind to serve three month notice but he has to gave one month prior notice for a job change but if there is any problem employer cannot go for one month notice also.
You can directly take form 19 and 10C from the market and duly signed by your authorised memeber of the company you can submit directly to pf office.
Third you can contact to any pf inspector on this issue or visit the site for epfo and sent a writeten complant against them
Hope this information willl help u.
Regards
Ranjeet
From India, New Delhi
Hey Anoop,
No one can stop your PF amount. You dont worry on that... You can directly purchase Form 19C and Form 10 and submit it at PF office... You will get your claim...
But one thing, are you sure that the amount that your company was deducting from your salary was going for PF only? I mean, do you have any salary slip kind of thing or any other written proof in which it is written that your _________ amount of PF is being deducted from your salary... ??????? Or something like that?????
From India, New Delhi
No one can stop your PF amount. You dont worry on that... You can directly purchase Form 19C and Form 10 and submit it at PF office... You will get your claim...
But one thing, are you sure that the amount that your company was deducting from your salary was going for PF only? I mean, do you have any salary slip kind of thing or any other written proof in which it is written that your _________ amount of PF is being deducted from your salary... ??????? Or something like that?????
From India, New Delhi
Dear Friends,
Thank you for ur suggetions and advice....
Yes , I hav the salary slip and in that its clearly mentioned as Rs. 947 is deducted for PF..Almost Rs. 11500 in an year. I hav the hard copy in my hand. But the HR person is saying that its not possible and the amount of PF by every employee is saved in PF trust by HDFC..Its mentioned in the employment letter also. And also they are not willing to give the service letter bcz of the same reason(3 months notice)
Once again thank u all....
From India, Mumbai
Thank you for ur suggetions and advice....
Yes , I hav the salary slip and in that its clearly mentioned as Rs. 947 is deducted for PF..Almost Rs. 11500 in an year. I hav the hard copy in my hand. But the HR person is saying that its not possible and the amount of PF by every employee is saved in PF trust by HDFC..Its mentioned in the employment letter also. And also they are not willing to give the service letter bcz of the same reason(3 months notice)
Once again thank u all....
From India, Mumbai
Dear ones,
I contacted one of my friends who is an advocate for advise on my PF which is pending from three companies as nobody merged the previous ones. Today, he advised me to get the filled up forms 19c and 10 signed by the Bank Manager where I hold my savings account in my locality, in case if the company's authority doesn't sign or delays.
I just want to know, is there a provision like this?
Best regards,
Parvez
From India, Madras
I contacted one of my friends who is an advocate for advise on my PF which is pending from three companies as nobody merged the previous ones. Today, he advised me to get the filled up forms 19c and 10 signed by the Bank Manager where I hold my savings account in my locality, in case if the company's authority doesn't sign or delays.
I just want to know, is there a provision like this?
Best regards,
Parvez
From India, Madras
I am herby putting some Question related to the Provident Fund, I think most of the queries will be solved by these. These question are picked up from the Provident Fund Site itself.
FREQUENTLY ASKED QUESTIONS
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2) What is a covered establishment?
Covered establishment is an establishment belonging to the class of industries / other establishments, which has been listed in the schedule appended to the Employees' Provident Fund and Miscellaneous Provisions Act 1952 and where 20 or more persons are employed.
3) If employee was a Family Pension Scheme member. He/She has left on 13-12-93 and he/she is 54 years old. He/She has taken his withdrawal benefit. Can he/she join the new scheme?
Yes, by refunding withdrawal benefit together with interest. Thereafter, he/she will be entitled to receive pension from age 58, if he/she completes atleast 10 years of contributory service by then.
4) If employee is a Family Pension Scheme Member and he/she has retired after 58 years of age on 15-01-94. Can he/she join the new scheme?
Yes, anyone who has retired by reaching age 58 between 01-04-93 and 15-11-95 may join the scheme by returning the withdrawal benefit along with interest. He will be paid pension with immediate effect, from date of exit provided he has rendered 10 years of contributory service.
5) If employee is not a Family Pension Scheme member and he/she is 56 years of age, Can he/she join Family Pension?
Yes, by diverting from his/her Provident Fund balance, Family Pension Scheme contribution from date of his/her joining or 01-03-71, whichever is later.
6) Whether the Family Pension Scheme member who has attended the age of 58 years before 01-04-93 and has left employment after 01-04-93 will be admitted to the scheme as member of Family Pension Scheme, 1971?
Yes, he will be deemed to have retired after 01-04-93. On repayment of that withdrawal benefit which was paid, Pension will be paid from same date, provided he has rendered 10 years of contributory service.
7) In case Family Pension member has attained the age of 58 years between 01-04-93 and 16-11-95 then in that case whether arrears of monthly Member Pension become payable for the period earlier than 16-11-95 i.e. from the date of his/her attaining the age of 58 years which is prior to 16-11-95?
No, he/she will be deemed to have retired from 16-11-95 and pension paid accordingly.
:cool: Is employee the only beneficiary of Fund?
Benefit will be paid to him/her and in his/her absence to his/her family.
9) What is meant by Family?
Family means employees' spouse and children below 25 years of age.
10) Suppose an employee does not have a Family and he/she dies before receiving benefit. Does his/her pension get lost?
No, if he/she does not have a family, benefits will be paid to his/her nominee, who will receive the benefit in his/her absence.
11) Suppose member has not nominated anyone.
The pension / ROC will be paid to the dependent parents.
12) Can member change his/her nomination?
He/She can change his/her nomination whenever he/she decides within the framework of rules for such nomination. In other words if he/she has a family, nomination should be in favour of a member(s) of the family. If he/she has no family he/she can nominate anyone he/she wishes.
13) How many years service is required to be eligible to receive member pension?
Minimum 10 years eligible service will entitle for member pension.
14) Employee is a member of Employees' Pension Scheme. He/She has left employment at 48 yrs. of age and 8 yrs. of service. When shall he/she receive his/her pension?
He/She can take either withdrawal benefit or can take scheme certificate so that the 8 years service can be added to any future service that he / she may put in, in any other covered establishment. By virtue of being a holder of a scheme certificate, if the member dies before 58 years widow / widower and children shall be entitled for pension.
15) What is past service pension?
This pension is for the period of membership of the Employees' Family Pension Scheme, 1971.
Every member has to give the details of himself & details of the nominee for Employees' Provident Fund & Employees' Deposit Linked Insurance Schemes and details of family for Employees Pension Scheme, 1995 in form no. 2.
The employer of an un-exempted establishment has to forward the following returns. These returns will include details required under the three schemes namely, Employees Provident Fund Scheme, 1952, Employee Deposit Linked Insurance Scheme,1976 and Employee Pension Scheme, 1995.
22) In case of returning of cheque what is the procedure to be followed?
Generally the cheques are returned by the bankers when the a/c number is furnished incorrect or a/c has been closed. On receipt of the cheque from the bankers the Provident Fund office will write to the member & employer about the fact & request them to intimate the bank, a/c number & detailed address. In case, the member comes to know about returning of the cheque before this, he can write to the Provident Fund office through his former employer regarding his present address & bank a/c number.
Instructions for a member while sending application to Employees' Provident Fund Organization:
From India, Delhi
FREQUENTLY ASKED QUESTIONS
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1) Who will be covered by the Pension Scheme?
Every member of the ceased Family Pension Scheme 1971 and anyone who joins any covered establishment on or after 16-11-95 is compulsorily to join this scheme, provided his/her salary/wage is less than Rs. 6500/- per month at the date of appointment. 2) What is a covered establishment?
Covered establishment is an establishment belonging to the class of industries / other establishments, which has been listed in the schedule appended to the Employees' Provident Fund and Miscellaneous Provisions Act 1952 and where 20 or more persons are employed.
3) If employee was a Family Pension Scheme member. He/She has left on 13-12-93 and he/she is 54 years old. He/She has taken his withdrawal benefit. Can he/she join the new scheme?
Yes, by refunding withdrawal benefit together with interest. Thereafter, he/she will be entitled to receive pension from age 58, if he/she completes atleast 10 years of contributory service by then.
4) If employee is a Family Pension Scheme Member and he/she has retired after 58 years of age on 15-01-94. Can he/she join the new scheme?
Yes, anyone who has retired by reaching age 58 between 01-04-93 and 15-11-95 may join the scheme by returning the withdrawal benefit along with interest. He will be paid pension with immediate effect, from date of exit provided he has rendered 10 years of contributory service.
5) If employee is not a Family Pension Scheme member and he/she is 56 years of age, Can he/she join Family Pension?
Yes, by diverting from his/her Provident Fund balance, Family Pension Scheme contribution from date of his/her joining or 01-03-71, whichever is later.
6) Whether the Family Pension Scheme member who has attended the age of 58 years before 01-04-93 and has left employment after 01-04-93 will be admitted to the scheme as member of Family Pension Scheme, 1971?
Yes, he will be deemed to have retired after 01-04-93. On repayment of that withdrawal benefit which was paid, Pension will be paid from same date, provided he has rendered 10 years of contributory service.
7) In case Family Pension member has attained the age of 58 years between 01-04-93 and 16-11-95 then in that case whether arrears of monthly Member Pension become payable for the period earlier than 16-11-95 i.e. from the date of his/her attaining the age of 58 years which is prior to 16-11-95?
No, he/she will be deemed to have retired from 16-11-95 and pension paid accordingly.
:cool: Is employee the only beneficiary of Fund?
Benefit will be paid to him/her and in his/her absence to his/her family.
9) What is meant by Family?
Family means employees' spouse and children below 25 years of age.
10) Suppose an employee does not have a Family and he/she dies before receiving benefit. Does his/her pension get lost?
No, if he/she does not have a family, benefits will be paid to his/her nominee, who will receive the benefit in his/her absence.
11) Suppose member has not nominated anyone.
The pension / ROC will be paid to the dependent parents.
12) Can member change his/her nomination?
He/She can change his/her nomination whenever he/she decides within the framework of rules for such nomination. In other words if he/she has a family, nomination should be in favour of a member(s) of the family. If he/she has no family he/she can nominate anyone he/she wishes.
13) How many years service is required to be eligible to receive member pension?
Minimum 10 years eligible service will entitle for member pension.
14) Employee is a member of Employees' Pension Scheme. He/She has left employment at 48 yrs. of age and 8 yrs. of service. When shall he/she receive his/her pension?
He/She can take either withdrawal benefit or can take scheme certificate so that the 8 years service can be added to any future service that he / she may put in, in any other covered establishment. By virtue of being a holder of a scheme certificate, if the member dies before 58 years widow / widower and children shall be entitled for pension.
15) What is past service pension?
This pension is for the period of membership of the Employees' Family Pension Scheme, 1971.
16) When does an employee become eligible to become a member of Employees' Provident Fund Scheme, 1952 and Employees' Deposit Linked Insurance Scheme, 1976?
An employee becomes a member of Employees Provident Fund (Employees' Provident Fund) Scheme, 1952 / Employees Deposit Linked Insurance (Employees' Deposit Linked Insurance) Scheme, 1976 immediately on joining an establishment covered under the Employees Provident Funds & Miscellaneous Provision Act, 1952. 17) What is nomination?
Every member has to give the details of himself & details of the nominee for Employees' Provident Fund & Employees' Deposit Linked Insurance Schemes and details of family for Employees Pension Scheme, 1995 in form no. 2.
A member if, is having a family can nominate any one or more persons to receive the Provident Fund on his death. In case of him having no family he can nominate any other person.
Family for the purpose of Employee Provident Fund Scheme'52 means wife/husband, children, whether married or unmarried, including adopted children, if adoption is recognized and dependant parents of member.
Employees Deposit Linked Insurance Scheme benefit will be paid to the nominee under Employees Provident Fund Scheme, 1952.
For the purpose of Employees Pension Scheme,1995 the member has to furnish the details, such as name, relationship & age of all the family members in the form no. 2. Family for the purpose of Employees Pension Scheme, 1995 means wife/husband & children. Whenever member wants to make a change in the nomination already made for Provident Fund, or to update the details of family for Employees Pension Scheme,1995, he has to send a revised form no. 2. The form no.2 is routed through the employer.
1:cool: What are the periodical returns to be sent by an employer to the Provident Fund Office?
Family for the purpose of Employee Provident Fund Scheme'52 means wife/husband, children, whether married or unmarried, including adopted children, if adoption is recognized and dependant parents of member.
Employees Deposit Linked Insurance Scheme benefit will be paid to the nominee under Employees Provident Fund Scheme, 1952.
For the purpose of Employees Pension Scheme,1995 the member has to furnish the details, such as name, relationship & age of all the family members in the form no. 2. Family for the purpose of Employees Pension Scheme, 1995 means wife/husband & children. Whenever member wants to make a change in the nomination already made for Provident Fund, or to update the details of family for Employees Pension Scheme,1995, he has to send a revised form no. 2. The form no.2 is routed through the employer.
1:cool: What are the periodical returns to be sent by an employer to the Provident Fund Office?
The employer of an un-exempted establishment has to forward the following returns. These returns will include details required under the three schemes namely, Employees Provident Fund Scheme, 1952, Employee Deposit Linked Insurance Scheme,1976 and Employee Pension Scheme, 1995.
a) Form-9(Revised):
The details of employees enrolled as members of Employees' Provident FundS'52, Employees' Deposit Linked Insurance'76 & Employees' Pension Scheme'95 on coverage of the establishment- This is to be submitted immediately after coverage, within 15 days of coverage.b) Form-12A:
The details of the contributions recovered form the members & paid along with details of employers' contribution & administrative charges- This is to be submitted monthly by 25th of following month. c) Form-5:
The details of the employees enrolled newly to the Provident Fund- To be submitted along with Form-12A every month within 15 days of the following month.d) Form-10:
The details of the employees leaving service during the month- To be submitted along with form-12A.e) Challans:
The triplicate copy of challans in token of having remitted the Provident Fund dues in the bank- to be submitted along with form-12A every month.f) Form-2(Revised):
Nomination form- To be submitted along with form-5/9.g) Form-3A:
The details of wages & contributions in respect of each member, to be prepared financial year wise- To be submitted to the Provident Fund office by 30th of April every year.h) Form-6A:
Yearly consolidated statement of contributions- To be forwarded yearly along with form-3A. It should be ensured that all the form-3A are entered in form-6A, irrespective of whether the form-3A was forwarded for the broken period and the total dues as per the form-12A for the whole year agrees with the total of form-6A within 30th April.i) Form-5A:
Return of ownership of the establishment- To be forwarded immediately after coverage & whenever there is a change in the ownership, it has to be intimated with in 15 days of change.j) Specimen signature:
Specimen signature of the officer/officers who are authorized to sign the returns/documents relating to Provident Fund forwarded immediately after coverage & whenever there is a change inauthorized officer.
19) What is the procedure to be followed by the member if the employer is not attesting his claim forms?
It is the duty of the employer under the Act & Scheme to help Employees' Provident Fund organisation to settle the Provident Fund dues of his employees. He has to complete the prescribed application within 5 days of receipt [para72(5)] forms & hand over it to the member when he leaves the service. When a member finds difficult to get the form attested by the employer, he can get the attestation of any of the following officer & send to the Provident Fund office 19) What is the procedure to be followed by the member if the employer is not attesting his claim forms?
- Manager of a bank.
- By any gazetted officer.
- Member of the Central Board of Trustees./ committee/ Regional Committee (Employees'
Provident Fund Organization). - Magistrate/ Post/ Sub Post Master/ President of Village Panchayat/ Notary Public.
20) What is the mode of payment of Provident Fund and Employees' Deposit Linked Insurance dues?
Provident Fund & Employees' Deposit Linked Insurance dues is paid by money order/ by deposit in payees' bank a/c/ through employer/ by depositing the cheque in payees' name or part of amount in annuity scheme in any nationalised bank. Payment by money order is allowed where the amount is not more than Rs. 2000/-. 21) What are the modalities to be followed for payment through cheque?
The member has to open an account in the nationalised bank, scheduled bank, urban bank or post office savings bank. He has to furnish the details of bank a/c no. with the full address of the bank in application form. An advance stamped receipt has also to be annexed in the form.
The member has to open an account in the nationalised bank, scheduled bank, urban bank or post office savings bank. He has to furnish the details of bank a/c no. with the full address of the bank in application form. An advance stamped receipt has also to be annexed in the form.
For receipt of pension member/claimant has to open an account only in State Bank of India or Punjab National Bank.
22) In case of returning of cheque what is the procedure to be followed?
Generally the cheques are returned by the bankers when the a/c number is furnished incorrect or a/c has been closed. On receipt of the cheque from the bankers the Provident Fund office will write to the member & employer about the fact & request them to intimate the bank, a/c number & detailed address. In case, the member comes to know about returning of the cheque before this, he can write to the Provident Fund office through his former employer regarding his present address & bank a/c number.
23) What is the time taken for disposal of the application in the Provident Fund office?
The claims received complete in all respects are disposed off within a maximum period of 30 days from the date of receipt of claims in the office. In case the member is not hearing anything about his application within 30 days, he can approach the Public Relation Officer.
The claims received complete in all respects are disposed off within a maximum period of 30 days from the date of receipt of claims in the office. In case the member is not hearing anything about his application within 30 days, he can approach the Public Relation Officer.
24) What is the voluntary rate of Provident Fund contribution by the member?
As per the Act, the member has to contribute at the rate of 10% or 12% of his basic pay, D.A. & retaining allowance if any. In case the member wants to contribute more than this, voluntarily he can do so at any rate he desires. i.e. upto 100% of basic and D.A. But the employer is not bound to contribute at the enhanced rate.
As per the Act, the member has to contribute at the rate of 10% or 12% of his basic pay, D.A. & retaining allowance if any. In case the member wants to contribute more than this, voluntarily he can do so at any rate he desires. i.e. upto 100% of basic and D.A. But the employer is not bound to contribute at the enhanced rate.
Instructions for a member while sending application to Employees' Provident Fund.
Instructions for a member while sending application to Employees' Provident Fund Organization:
General:
Use the appropriate form for claiming Provident Fund Pension, withdrawal benefit/scheme certificate, Employees' Deposit Linked Insurance benefit, etc. as given below :-
Use the appropriate form for claiming Provident Fund Pension, withdrawal benefit/scheme certificate, Employees' Deposit Linked Insurance benefit, etc. as given below :-
- Form-19 : To claim final settlement of Provident Fund by a member.
- Form-20 : To claim Provident Fund by nominee/legal heir on death of the member.
- Form-10-D : To claim pension. (In duplicate : If within state, In triplicate : If outside state.)
- Form-10-C : To claim withdrawal benefit/scheme certificate under Employees' Pension Scheme '95.
- Form-5IF : To claim assurance benefit under Employees' Deposit Linked Insurance '76 by nominee/legal heir of a member.
- Form-31 : To claim temporary withdrawal/advance under Employees' Provident Fund scheme
'52.
Form-13 : To effect transfer of Provident Fund/Pension from one A/C to another.
- Ensure that all columns of the application are filled completely.
- Information in the application form relating to name, a/c no. should agree with the details
available with Employees' Provident Fund Organization; which were furnished by the employer at the time of enrolling to Provident Fund. - Application should be signed by the member/claimant.
- It should be attested by the former employer. In case attestation by the former employer is not possible, it should be got attested by any other authorized official specified with application form.
- Application for final settlement can be sent by a member on completion of 2 months from the date of leaving service, if the reason for leaving service is other than superannuation, medical ground, retrenchment and V.R.S./ Female members getting married etc.
- Desired mode of payment can be given legibly, if the amount involved is more than Rs. 2000/-. The amount will sent by deposit in payees' bank a/c. To facilitate this, Bank a/c no., name and address of the bank should be furnished. An advance stamped receipt should also accompany this application.
- Application may be supported by the return Form-10, showing the details of leaving service and details of contribution for the year in Form-3A, if not sent earlier by the employer.
Specific additional requirements:
A) Death cases: - Nominee/legal heir should apply in Form-20 /Form-10-D /Form-5IF.
- If the member has not executed any nomination, application should be supported by certificate of family members issued by employer/revenue official/sworn in an affidavit by the family/ member/legal certificate from a court of law.
- Death certificate of the member.
- Certificate of the employer stating whether the death was while in service of the member or not.
B) Pension cases:
From India, Delhi
As per the discussion i had with our statutory department the employer has no right to hold your PF. so you please write a letter to concern regional PF commissioner office.
From India, Madras
From India, Madras
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PF guidleines for Pension fund.pdf
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