Hi Seniors,
I had been working for a consulting company, posted at a client's place. Due to some unavoidable circumstances, I resigned from the company without giving the notice period. However, when I asked the company for my settlement and PF form to be released, they are requesting me to pay the notice period, which I am not able to do.
Now, I would like your advice on how I can claim my PF amount (nearly 10 months of deductions).
Thanks for your help.
Andrews
From India, Bangalore
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I had been working for a consulting company, posted at a client's place. Due to some unavoidable circumstances, I resigned from the company without giving the notice period. However, when I asked the company for my settlement and PF form to be released, they are requesting me to pay the notice period, which I am not able to do.
Now, I would like your advice on how I can claim my PF amount (nearly 10 months of deductions).
Thanks for your help.
Andrews
From India, Bangalore
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You can withdraw the balance in the PF account by filling Form 19 & 10 C and getting this attested by your previous employer (which is not possible in your case) or a Gazetted officer, such as the Bank Manager of a Nationalized Bank. This form is to be submitted to the PF office. When filling out Form 10C, opt for withdrawal benefits instead of a Scheme Certificate.
Please note: The claim should be submitted after 2 months from the date of leaving service, provided the member continues to remain unemployed in an establishment to which the Act applies.
Section 72 of the Employee Provident Fund Scheme 1952 states - If the applicant is unable to send the claim application through the employer or have it duly attested by him, for any reason whatsoever, he may forward it to the Commissioner or any other officer authorized by him in this regard. Wherever necessary, the Commissioner or any other officer authorized by him in this regard may forward such application to the employer, and the employer shall be required to return it within five days of its receipt.
However, it is recommended that you transfer this PF account in case of new employment by filling out Form 13 with the new employer. The new employer will make arrangements for the transfer of this PF account.
Upon completing 10 years of contributory service (PF Contribution), one is eligible for a pension upon attaining the age of 58 years.
Regards,
Suresh
From India, Bangalore
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37Please note: The claim should be submitted after 2 months from the date of leaving service, provided the member continues to remain unemployed in an establishment to which the Act applies.
Section 72 of the Employee Provident Fund Scheme 1952 states - If the applicant is unable to send the claim application through the employer or have it duly attested by him, for any reason whatsoever, he may forward it to the Commissioner or any other officer authorized by him in this regard. Wherever necessary, the Commissioner or any other officer authorized by him in this regard may forward such application to the employer, and the employer shall be required to return it within five days of its receipt.
However, it is recommended that you transfer this PF account in case of new employment by filling out Form 13 with the new employer. The new employer will make arrangements for the transfer of this PF account.
Upon completing 10 years of contributory service (PF Contribution), one is eligible for a pension upon attaining the age of 58 years.
Regards,
Suresh
From India, Bangalore
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Hi Suresh, Thank you so much for your time and advise, will try as you told by Section 72, since my ex employer is not sent my PF claim to the department. Once again lots many thanks. Andrews
From India, Bangalore
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From India, Bangalore
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Hi, I want to ask a question. I completed my six-month probation period in my company, but I did not receive any confirmation letter from the HR department. I resigned from my post via email. Can I claim my full and final payment without having my notice period amount deducted? Can anybody help me with this?
From India, New Delhi
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From India, New Delhi
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Please refer to your appointment letter. It will have a clause on the notice period which provides information on the exit procedure. If you have not given the notice period, the employer may deduct the notice period salary from the full and final settlement.
Regards,
Suresh
From India, Bangalore
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Regards,
Suresh
From India, Bangalore
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