Hi All,
I have a question here, and I want all our expert fellow HR and Legal professionals to address the query. Can an employee who has absconded from the services claim his PF accumulated fund? Can he approach the labor court regarding this matter, and what are his chances of winning?
From India, Hyderabad
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I have a question here, and I want all our expert fellow HR and Legal professionals to address the query. Can an employee who has absconded from the services claim his PF accumulated fund? Can he approach the labor court regarding this matter, and what are his chances of winning?
From India, Hyderabad
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Dear HR Members, We are also facing the same issue, with one of the staff.... Can employee claim for his PF even after absconding form the services.... Regards, Arun Kumar.
From India, Bangalore
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5From India, Bangalore
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Thank you so much Mrugen Vyas, It would be of great help if you can guide me through an article which speaks about the absconders and the right to claim PF. Regards, Mike
From India, Hyderabad
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From India, Hyderabad
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You are right my friend. PF claiming cannot be stopped by the organisation. we had similar issue, but we could not stop the employee claiming the PF amount from the PF dept directly.
From India, Hyderabad
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From India, Hyderabad
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[QUOTE=Mike045;2155746]
Hi All,
I have a question here and I want all our expert fellow HR & Legal professionals to address the query. Can an employee who absconded from the services claim his PF accumulated fund? Can he approach the labor court in this regard, and what are his chances of winning?
Mike,
These are two separate issues. The employee has contributed to his PF and has a right to claim it. If he has absconded, it is a case of indiscipline, and action has to be taken as per relevant rules. The two issues cannot be mixed!
Absconding by itself implies that the employee has just not reported for duty. So, he is obviously not being paid for that absence. If his absence has caused a break in work and/or production, then it can be held against him up to a certain point where he is declared an absconder. Thereafter, it should be up to the management to replace him. However, if he has absconded with company property, then a case of theft can possibly be made out, and the same will have to be followed up through the process of law.
Even if convicted, the PF cannot automatically be weighed against the theft of company property. He will be levied a separate fine for the theft. He will have to be paid his PF dues.
Good luck to you.
Colonel J Gahlot
Proprietor
'TRURECRUIT'
From India, Delhi
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Hi All,
I have a question here and I want all our expert fellow HR & Legal professionals to address the query. Can an employee who absconded from the services claim his PF accumulated fund? Can he approach the labor court in this regard, and what are his chances of winning?
Mike,
These are two separate issues. The employee has contributed to his PF and has a right to claim it. If he has absconded, it is a case of indiscipline, and action has to be taken as per relevant rules. The two issues cannot be mixed!
Absconding by itself implies that the employee has just not reported for duty. So, he is obviously not being paid for that absence. If his absence has caused a break in work and/or production, then it can be held against him up to a certain point where he is declared an absconder. Thereafter, it should be up to the management to replace him. However, if he has absconded with company property, then a case of theft can possibly be made out, and the same will have to be followed up through the process of law.
Even if convicted, the PF cannot automatically be weighed against the theft of company property. He will be levied a separate fine for the theft. He will have to be paid his PF dues.
Good luck to you.
Colonel J Gahlot
Proprietor
'TRURECRUIT'
From India, Delhi
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Mike PF is claimable irrespective of abscondment, Even no need of approaching LC since the PF Office itself would sanction it.
From India, Chennai
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From India, Chennai
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But to withdraw pf,we need the sign n syamp of the organization then why will they sign if we abscond the company?
From India, Delhi
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From India, Delhi
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Hello sir,
I am a fresher and I am working in Wipro. It's been 5 months since I started working here. Now I have got a job somewhere else and I am joining that company as I want to work in that profile. I have been trying to submit my resignation for the last 3 weeks, but there was an issue with my ID which prevented me from doing so. My joining date at the new company is on 1st December, but Wipro has not relieved me yet. I have submitted my resignation, but I will not be able to serve the entire notice period, so will it be considered as absconding? Also, can I withdraw my PF? I don't need an experience letter from the company, I just need my PF.
Surbhi
From India, Delhi
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I am a fresher and I am working in Wipro. It's been 5 months since I started working here. Now I have got a job somewhere else and I am joining that company as I want to work in that profile. I have been trying to submit my resignation for the last 3 weeks, but there was an issue with my ID which prevented me from doing so. My joining date at the new company is on 1st December, but Wipro has not relieved me yet. I have submitted my resignation, but I will not be able to serve the entire notice period, so will it be considered as absconding? Also, can I withdraw my PF? I don't need an experience letter from the company, I just need my PF.
Surbhi
From India, Delhi
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