Dear All,
ADVICE NEEDED: PF Withdrawal
My name is Anoop ,
I worked with one the biggest corporate life insurance company as Sales Manager.
To continue my studies, i resigned from the organisation 3 months ago.
They asked me 3 months compalsory Notice period for complete the releaving formalities. But I was not able to do that.
And from Jan 2007 , this people are deducting Rs. 968/ as my contribution to PF. Its mentioned in my salary certificate and my offer letter.
But now these people are saying that I cant withdraw the amount.
And also they are keeping the PF fund as their own fund.
Is there any provision like that?
And my emplyee ID num is 10770.
My PF account number showing in my Salary slip is also 10770.
Can anyone help me to solve this problem?
I need ur advices...
From India, Mumbai
6ADVICE NEEDED: PF Withdrawal
My name is Anoop ,
I worked with one the biggest corporate life insurance company as Sales Manager.
To continue my studies, i resigned from the organisation 3 months ago.
They asked me 3 months compalsory Notice period for complete the releaving formalities. But I was not able to do that.
And from Jan 2007 , this people are deducting Rs. 968/ as my contribution to PF. Its mentioned in my salary certificate and my offer letter.
But now these people are saying that I cant withdraw the amount.
And also they are keeping the PF fund as their own fund.
Is there any provision like that?
And my emplyee ID num is 10770.
My PF account number showing in my Salary slip is also 10770.
Can anyone help me to solve this problem?
I need ur advices...
From India, Mumbai
Hi Anoop,
First of all, quitting a job without notice is bad. Moreover your PF fund has to be released through them. When you are aware of a clear clause that you have to give 3 months' notice, why you did not give? Your plan for further studies would have not been a sudden decision over night. You should have consulted your immediate Sales Manager for a smooth solution, but I understand you did not do at all.
At the time of joining, these clauses are mentioned in the employee joining forms. As a manager, I myself have seen that many joinees are not reading the formality forms clearlyon the first day and they sign it cool. Being shy, they will not even ask for the meaning of the clause mentioned there if they don't understand.
So outwardly, it may appear that it is illegal to withhold the deducted PF. But at the same time, you have signed the clause 'In the event of my resigning without notice period or ......, I agree to compensate 3 months' pay, failing which my PF or any amount payable to me as final settlement can be with held by the company and .......'.
So the fault is yours. Anyway please approach a lawyer or PF consultant to find out the solution.
Regards,
Chandru
Manager-HR, Chennai
From India, Madras
First of all, quitting a job without notice is bad. Moreover your PF fund has to be released through them. When you are aware of a clear clause that you have to give 3 months' notice, why you did not give? Your plan for further studies would have not been a sudden decision over night. You should have consulted your immediate Sales Manager for a smooth solution, but I understand you did not do at all.
At the time of joining, these clauses are mentioned in the employee joining forms. As a manager, I myself have seen that many joinees are not reading the formality forms clearlyon the first day and they sign it cool. Being shy, they will not even ask for the meaning of the clause mentioned there if they don't understand.
So outwardly, it may appear that it is illegal to withhold the deducted PF. But at the same time, you have signed the clause 'In the event of my resigning without notice period or ......, I agree to compensate 3 months' pay, failing which my PF or any amount payable to me as final settlement can be with held by the company and .......'.
So the fault is yours. Anyway please approach a lawyer or PF consultant to find out the solution.
Regards,
Chandru
Manager-HR, Chennai
From India, Madras
anoop this is not good without giving notice period
ok in urgency its ok
any how it is not possible to withdrawl ur pf within 3 months
as per my knowledge minimum 6 months we hav to work
it is not possible to contact pf office directly without having any information from company
u ask ur hr manager
From India, Hyderabad
ok in urgency its ok
any how it is not possible to withdrawl ur pf within 3 months
as per my knowledge minimum 6 months we hav to work
it is not possible to contact pf office directly without having any information from company
u ask ur hr manager
From India, Hyderabad
Hi Anoop
As others opined, giving respect and due value to the employment conditions will give hasslefree relieving and relief.
However, past is past, first of all you recall yourself whether you have been issued any PF annual slip for the FY 2007-08. As per your saying, employer has been deducting PF from your Salary since Jan 07. It will substantiate that you have remitted the deducted PF to the authorities without any withholding. If you have received that, with that reference, you can approach the PF authorities and explain the grounds forced you to leave the Job and request for an emicable solution to get your refund of PF.
Ram Prasad
From India, Bhopal
As others opined, giving respect and due value to the employment conditions will give hasslefree relieving and relief.
However, past is past, first of all you recall yourself whether you have been issued any PF annual slip for the FY 2007-08. As per your saying, employer has been deducting PF from your Salary since Jan 07. It will substantiate that you have remitted the deducted PF to the authorities without any withholding. If you have received that, with that reference, you can approach the PF authorities and explain the grounds forced you to leave the Job and request for an emicable solution to get your refund of PF.
Ram Prasad
From India, Bhopal
Please read " the PF Annual slip will substantiate that the deducted PF has been remitted to PF authorities by your employer "
From India, Bhopal
From India, Bhopal
Hi Anoop,
Nobody has an authority to withhold your PF contributions and it is free from all attachments. Whether your PF is maintained by a Trust of the Company or with the PF Office.
If it is maintained by a Trust : You meet your HR Dept. explain them clearly why you left the organisation immediately and if asked, pay them salary in lieu of notice period and make a claim.
If it is maintained by a PF Office : You can submit form 19 and form 10 C and you can get attested from a Competitive Authority like; Bank Manager or any Gazetted Officer and submit your claim.
But as our Colleagues rightly said, it is not fair on your part to leave an organisation without serving the notice period.
ab srinivasan
From India, Madras
Nobody has an authority to withhold your PF contributions and it is free from all attachments. Whether your PF is maintained by a Trust of the Company or with the PF Office.
If it is maintained by a Trust : You meet your HR Dept. explain them clearly why you left the organisation immediately and if asked, pay them salary in lieu of notice period and make a claim.
If it is maintained by a PF Office : You can submit form 19 and form 10 C and you can get attested from a Competitive Authority like; Bank Manager or any Gazetted Officer and submit your claim.
But as our Colleagues rightly said, it is not fair on your part to leave an organisation without serving the notice period.
ab srinivasan
From India, Madras
Dear All,
I know , I had made injustice to my profession, by resigning without notice. But dear seniors, Hope you all know the immense pressure of the Insurance indusrty. And Oraly I informed this to My bosses..2 months earlier. And also I submitted my resignation with notice period to my branch head also. At that time he has also some pressure of retention. So ,he told me to meet his boss ie. Teritorry Manager. TM told me that , dont go, he will manage everything and all, he put my letter in the waste basket.
But after one month I was forced to put my paper, bcz of lack of business and to start my studies.
From India, Mumbai
I know , I had made injustice to my profession, by resigning without notice. But dear seniors, Hope you all know the immense pressure of the Insurance indusrty. And Oraly I informed this to My bosses..2 months earlier. And also I submitted my resignation with notice period to my branch head also. At that time he has also some pressure of retention. So ,he told me to meet his boss ie. Teritorry Manager. TM told me that , dont go, he will manage everything and all, he put my letter in the waste basket.
But after one month I was forced to put my paper, bcz of lack of business and to start my studies.
From India, Mumbai
Dear Mr. Anoop,
It is disgrace for any professional to leave a job without a smooth transition. When it comes to accountability, you cannot prove that your TM has put your resignation in the waste basket. It is therefore suggested to every one to post an email to your immediate head and mark a cc to next level of supperiors.
I understand your PF is being maintained by the organization trust. By law, any organization cannot with held the PF of an employee if he is relieved properly. Therefore I suggest, speak to your bosses, HR etc., get necessary waivers if required, pay amount in lieu of notice period (if necessary) and get your PF processed. Eventhough if the PF is maintained with the PF office, you cannot withdraw the same until your past employer authorizes with form 3A.
I would like to correct Mr. Srinivasan. The procedure suggested by Mr. Srinivasan holds good when the employer has wind up the organization (business) and its past employees wants to withdraw the PF. In your case this is just not possible.
Ramasastry
Assistant Manager - HR
From India, Hyderabad
It is disgrace for any professional to leave a job without a smooth transition. When it comes to accountability, you cannot prove that your TM has put your resignation in the waste basket. It is therefore suggested to every one to post an email to your immediate head and mark a cc to next level of supperiors.
I understand your PF is being maintained by the organization trust. By law, any organization cannot with held the PF of an employee if he is relieved properly. Therefore I suggest, speak to your bosses, HR etc., get necessary waivers if required, pay amount in lieu of notice period (if necessary) and get your PF processed. Eventhough if the PF is maintained with the PF office, you cannot withdraw the same until your past employer authorizes with form 3A.
I would like to correct Mr. Srinivasan. The procedure suggested by Mr. Srinivasan holds good when the employer has wind up the organization (business) and its past employees wants to withdraw the PF. In your case this is just not possible.
Ramasastry
Assistant Manager - HR
From India, Hyderabad
Dear Anoop,
You need not to worry regarding withdrawal of your and Employers PF contribution.
If your employers is not providing you form 3A and not even attesting your form 19 & 10C..no problem......just write an application to Regional PF Commissioner. mentioning all the details of deductions, based on your payslips and accordingly Regional PF Commissioner will instruct your employer, through letter to provide & attested form-3A, 19 & 10C.
Always remember, it is clearly mentioned in Indian constitution, that any type of payment an employer can hold but for PF contribution amount, no one can hold the said PF payment.
No matter while doing your Full & Final settlement if the status comes as amount paybale or amount recovery
Its an employers obligation to provide form-3A to PF office alongwith your PF withdrawal form 19 & 10C.
Need not to worry.
Vijay Srivastava
From India, Gurgaon
You need not to worry regarding withdrawal of your and Employers PF contribution.
If your employers is not providing you form 3A and not even attesting your form 19 & 10C..no problem......just write an application to Regional PF Commissioner. mentioning all the details of deductions, based on your payslips and accordingly Regional PF Commissioner will instruct your employer, through letter to provide & attested form-3A, 19 & 10C.
Always remember, it is clearly mentioned in Indian constitution, that any type of payment an employer can hold but for PF contribution amount, no one can hold the said PF payment.
No matter while doing your Full & Final settlement if the status comes as amount paybale or amount recovery
Its an employers obligation to provide form-3A to PF office alongwith your PF withdrawal form 19 & 10C.
Need not to worry.
Vijay Srivastava
From India, Gurgaon
Hi Anoop,
Everybody is right in their own way, but i want to suggest you as per your comment your PF is lying with Trust only,your pension fund would be lying with RPFC for claim both of them you just need to pay your notice money to company nothing else. As it is written in your Appointment letter either you cant go for PF commissioner nor to any labour commissioner before refunding your all dues. As a SR IR Executive i would like to sugget you clear your all dues & then claim your PF
Thanks & Regards
Nvpreet Bansal
Everybody is right in their own way, but i want to suggest you as per your comment your PF is lying with Trust only,your pension fund would be lying with RPFC for claim both of them you just need to pay your notice money to company nothing else. As it is written in your Appointment letter either you cant go for PF commissioner nor to any labour commissioner before refunding your all dues. As a SR IR Executive i would like to sugget you clear your all dues & then claim your PF
Thanks & Regards
Nvpreet Bansal
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