gusha_08 Started The Discussion:
One of our employee resigned his job and joined in another office. Now he sent Form 13 filled by his current employer for his PF transfer. So, please tell me that what i have to do in this form for his PF transfer.
Normally form 13 will be sent directly to PF Office only. The PF Office will then send it to you (previous employer) and collect form 3A and break certificate of the employee. Now, since he has directly sent it to you, please send the form to PF Office attaching form 3A and break certificate of the employee.
Form 10 is sent along with monthly returns following the month in which the employee left the establishment and therefore, it is not necessary to sent it again, if already sent. Similarly, form 5 has no relevance here because form 5 is a return of employees JOINING PF.
In my view the Form 13 should be returned to the employee along with the Forms 3A, 5 & 10. He has to get it attested by the new employer and submit the same at the PF office where the new employer is covered. This Office then forwards the forms to the PF office from where the transfer has to be effected.
I want to tell you that PF transfer case completely depends upon previous employer,first of all we have to see that whether previous employer is un-exempted or exempted from RPFC. You have to send this form to your RPFC if you covered under RPFC and no need to submit form 5 & form 10 if you have already submitted these form earlier of concerned employee, if not submitted then need to submit if employee leaving before annual return period then no need to submit form 3A and if leaving after annual return period then need to attach current form 3 A and send to concerned RPFC..
Process of PF Transfer
1) In case if previous employer is exempted then we need to fill two sets of Form 13 first one for EPF transfer and second for EPS transfer from concerned RPFC, and form will be directly send to previous employer and previous employer will send the EPF cheque to present employer and we need to submit the same into our new pf code no.
2) In case of previous employer is an un-exempted establishment then we need to submit single copy of form 13 to our present RPFC and dealing person in present RPFC will cheque your present employer detail like your pf no. and authorized person signature of company and after verified these detail he/she will send this form to your previous employer alongwith a covering letter, and previous code no. person will take care of this case.....
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Let me once again clarify that form 13 or in the process of PF transfer, the previous employer has no role. Since the form is duly signed by the current employer, it should have been sent to the Regional PF Office where the previous employer's accounts are maintained. On receipt of form 13, the PF Office will direct the previous employer to submit the relevant forms, viz, form 3A and break certificate of the employee. The previous employer has to follow that direction and send the form 3A and break certificate, a certificate showing number of days for which no contribution was paid in respect of the employee during his service with (previous) employer, to the EPFO.
Now, I may repeat that since you have received the request for transfer directly from the current employer, you can just send it to your EPFO attaching form 3A and break certificate, so that much time can be reduced.
Normally, the form is not sent to previous employer because there is a chance that the previous employer may not take interest to send it or even thinks that he can hold it for any reasons.
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