Thread: PF withdrawal

Hi friends, I need your advice, esp. you smoothie.

As most of you are aware that I was working with Wipro in New delhi and few months back and I have relocated myself to Mohali Punjab.

The relocation decision was so sudden that I didn't get time to serve the Notice period in Wipro, and I left the company. (We have to serve 2 months Notice period over there.)

My reason for leaving the company was geniune so my manager agreed to give a try to waive off the notice period thing. I know he tried his best, but unfortunately, I have to pay bucks to clear off dues against notice period to get my Relieving and Experience Letter from the company.

My Question is, If, in case I don't pay to get the Relieving and Experience Letter, Can I still claim for my PF?

If yes, what's the procedure?

Please advice.

I'm yet to leave my first company..So no idea

yes you can still claim PF but you will not get your PF number which is there with x organisation, to get that you need to clear your dues and then only you can claim your PF. Apart from that if you will not pay dues on time then you will get a Legal Notice at your doorstep (free home delivery)

If you need any help for that then please tell me i can confirm this from related desk.

Originally Posted by smoothvibes

yes you can still claim PF but you will not get your PF number which is there with x organisation, to get that you need to clear your dues and then only you can claim your PF. Apart from that if you will not pay dues on time then you will get a Legal Notice at your doorstep (free home delivery)

If you need any help for that then please tell me i can confirm this from related desk.

Thanks so much smoothie, but if in case I know my PF account no. then??

If you already got PF number then you can give it to your current employer and can get the amount
In that case you even need not to worry about any legal notice

There are 2 options: Either continue with the current PF account or close the account with the previous employer & open a new account with the current employer.

there is no need to close first account coz if you will close the first account then it may take some time to get the money in hand or to transfer funds to new account. If one account can serve the purpose then better idea is to sick with it

How are you rameshjeee

No employer can withhold PF amount due to any employee - regardless of the circumstances in which s/he left the company. If there are dues to be collected/paid on either side that is a bilateral matter and has to be settled outside the PF purview.

If some company is holding PF information, money due, or anything of that sort, a case can be filed in consumer court.

The PF account is opened with the government and a trust that is operated by the employer. Have no fear on this issue. Just go ahead and demand a transfer of the amount to your new PF account.

Originally Posted by just4kix

No employer can withhold PF amount due to any employee - regardless of the circumstances in which s/he left the company. If there are dues to be collected/paid on either side that is a bilateral matter and has to be settled outside the PF purview.

If some company is holding PF information, money due, or anything of that sort, a case can be filed in consumer court.

The PF account is opened with the government and a trust that is operated by the employer. Have no fear on this issue. Just go ahead and demand a transfer of the amount to your new PF account.

Thanks for the information and courage.

I don't want it to get transfer, I want to withdraw it.

Do I need to ask for any form or something from my previous employer?
Will they contribute the "employer Contribution" even if I am not clearing their dues?

they are not withholding any FP Account information, they are simply telling employe to pay dues and take PF number.
I don't think they are cheating or doing anything wrong

Originally Posted by Manish

Thanks for the information and courage.

I don't want it to get transfer, I want to withdraw it.

Do I need to ask for any form or something from my previous employer?
Will they contribute the "employer Contribution" even if I am not clearing their dues?

It is mandatory that they must pay the entire amount: Your contribution + Their contribution + Accrued interest.

Originally Posted by smoothvibes

they are not withholding any FP Account information, they are simply telling employee to pay dues and take PF number.
I don't think they are cheating or doing anything wrong

That is not cheating - yes. But PF number is published on the payslip and Form 16 (if I am not mistaken).

And Manish, you must clear your dues. I will certainly never advise you against this. If your notice period was two months, then you have to pay two months of basic salary (not the entire amount).

yes it is basic salary of 2 months and this is something which you really need to pay mate

Originally Posted by Manish

Do I need to ask for any form or something from my previous employer?

Originally Posted by just4kix

It is mandatory that they must pay the entire amount: Your contribution + Their contribution + Accrued interest.

Thanks, but you didn't answer my other question.

Originally Posted by just4kix

And Manish, you must clear your dues. I will certainly never advise you against this. If your notice period was two months, then you have to pay two months of basic salary (not the entire amount).

This is the only point of contradiction. They are asking for the 2 months Net salary

Manish, check your Wipro appointment letter. The terms will be mentioned there. It will be two months' basic salary.

And there is a form that is prescribed by the government to withdraw/transfer PF. You will get it from Wipro. You fill the form and get their signature at the prescribed places.

General Rule :
Provident Fund Organisation , will credit your contribution and the new company's provided you give your Acct number.
Neither Wipro nor anybody else can touch
your provident Fund amount . Cannot be
attached even by court order.
No deductions allowed for debts etc.

You can claim the amount only after one year of unemployment.

Originally Posted by just4kix

Manish, check your Wipro appointment letter. The terms will be mentioned there. It will be two months' basic salary.

And there is a form that is prescribed by the government to withdraw/transfer PF. You will get it from Wipro. You fill the form and get their signature at the prescribed places.

Sure I'll do that and will let you know.

Originally Posted by essbebe

You can claim the amount only after one year of unemployment.

Are you sure essbebe, i heard its 6 months, i left the company on 29 Sep 08

seems two months !
A visit to the nearest EPF office will be helpful.
As Rules/procedures are changing often.
Google search ;
Withdrawal from Provident Fund unemployment period

see this link.
outlookmoney.com: Let Your Provident Fund Do Its Job

Thanks for the link essbee, I will def. check this out, and will bother you guys again. Thanks everyone

Originally Posted by Manish

Thanks for the link essbee, I will def. check this out, and will bother you guys again. Thanks everyone

mannu bhai if you are thinking that you are bothering us then no need to ask us go and do what you want...! if you think we are your friends and need help then we are always with you...!

Originally Posted by kirankumargb

mannu bhai if you are thinking that you are bothering us then no need to ask us go and do what you want...! if you think we are your friends and need help then we are always with you...!

:crying: Thanks Kiran:sweatdrop:

Hello guys, If you still remember this thread, first part is done.

I now got the PF forms with me but now the Wipro officials are denying to sign it (reason being same, outstanding dues)
Can I get it signed by somebody else, I mean, signatures from gazzetted office will do?

or any suggestions?

@manish

To the best of my knowledge Provident Fund amount
cannot be witheld or adjusted for any dues from an employee.
by any one. ( Even courts will not allow this )

WIPRO has to transfer the PF acct to your new company
if re-employed
or pay the dues to you on production of Non employment
for a year or so.
It is the PF office which pays you the amount to you I think.

They have to send legal notice to you to recover their
dues.
or you can send a legal notice to them !

http://www.vakilno1.com/bareacts/employeepfact

/s10.htm10. Protection against attachment

(1) The amount standing to the credit of any

member in the Fund or of any exempted employee

in a provident fund shall not in any way be capable

of being assigned or charged and shall not be liable

to attachment under any decree or order of any

Court in respect of any debt or liability incurred by

the member or the exempted employee and neither

the official assignee appointed under the Presidency

Towns Insolvency Act 1909 nor any receiver

appointed under the Provincial Insolvency Act 1920

shall be entitled to or have any claim on any such

amount.

Originally Posted by Manish

Hello guys, If you still remember this thread, first part is done.

I now got the PF forms with me but now the Wipro officials are denying to sign it (reason being same, outstanding dues)
Can I get it signed by somebody else, I mean, signatures from gazzetted office will do?

or any suggestions?

give a written request for signing of the transfer forms with a copy to the Regional Provident Fund Commissioner.

Is there an online website where one can check one's PF balance
etc?

-F

Not in case of the centralised Accounts maintained by the RPFC.
However, several organisations maintain their own PF Trusts with the approval of the RPFC. In such cases, it may be possible for the emplyees to access thier Account online either through intranet or through internet.