Dear All,

ADVICE NEEDED: PF Withdrawal

My name is Anoop. I worked as a Sales Manager with one of the biggest corporate life insurance companies.

To continue my studies, I resigned from the organization 3 months ago. They required a 3-month compulsory notice period to complete the relieving formalities, which I was unable to fulfill.

Since January 2007, they have been deducting Rs. 968 from my salary as my contribution to PF. This deduction is mentioned in my salary certificate and offer letter. However, they are now refusing to allow me to withdraw the accumulated amount and are treating the PF fund as their own.

Is there any provision that allows them to do this? My employee ID number is 10770, and my PF account number, as shown on my salary slip, is also 10770.

Can anyone help me resolve this issue? I would greatly appreciate your advice.

Thank you.

From India, Mumbai
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You stated that you worked with one of the biggest corporate life insurance companies in India. Still, the officials in the Personnel Department of such a big organisation do not know what the Employees Provident Fund exactly is!! Wonderful, that's really the new generation corporate's style of doing work!

Well, your EPF Number shall be prefixed by a Regional/Sub-regional code of the Employees Provident Fund Organisation. Please check it out and try to get information about your account balance from the official site of EPFO. You can also get the information personally from the office of the EPFO in the area where you were working.

The employer cannot withhold the request for withdrawal of PF made by a resigned employee. If the employee has been dismissed from the company for misconduct, the employer can state the reason for the employee's departure in form 10 (a record of persons leaving the organisation which an employer needs to submit on a monthly basis along with other monthly returns) as "DISMISSED FROM SERVICE," thereby denying PF withdrawal to the employee by the EPFO (and not by the employer).

You can submit EPF withdrawal forms, form 19 and 10C, and ask your employer to attest and submit them to the EPFO. If they do not cooperate, you can get them countersigned by a Bank Official, MP, MLA, and other persons who are named in the form itself. Alternatively, when you join another organisation, you can transfer your PF account to the new account just by filling Form 13 in which only the signature of the new (present) employer is required, and no signature or concurrence of the previous employer is required.

Regards,

Madhu.T.K

From India, Kannur
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Some of the corporates maintain their own PF Trust and keep the PF amount. When people apply for a refund, it takes a minimum of 6 months to settle the PF amount.

All private companies maintain the PF amount with the Regional Provident Office.

From India, Madras
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Firstly, no one can stop any employee's PF even if it has its own PF.

Secondly, do you have your PF number? If yes, then please send it via registered mail with acknowledgment. If this method does not work, go to the nearby PF department and lodge a complaint. You will receive your PF with interest.

From India, Mumbai
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No company has any right to not pay PF or stop it. You have the right to file for winding up. I advise you to file a case before the PF Commissioner; you can even get compensation over the amount.

All the best!

www.legalexpertsindia.blogspot.com

From India, Delhi
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