Minimum Work Period To Get PF - Provident Fund
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Minimum Work Period To Get PF - Provident Fund

nithinp89 Started The Discussion:

Hi All,

Can any one help me to provide clear infomrationa about getting PF deducted from my salary.

I was working in one cmpany say ABC Co. LT for 4 months. Each month my salary deducted with 680 Rupees towards PF. But now, at the time of my resigneation, company refuse to pay the PF in Final Settlement. they are saying that i am not eleigible for PF!! Is there any rule to work for a minimum period to get PF. Moreover, PF amount deducted from last 4 months salary!

my Basic was only 4500/-

Regards
Nithin

k_shenbagarajan - Member Since: Aug 2008
Dear Nithin,

You have to work for minimum 6 months to get the withdrawal benefits from EPFO (Both EPF &EPS).

Since you have left with in 4 months you are eligible to get the EPF amount. you can submit Form 19.(your 12% + Employer 3.67%)

you will not be eligible for EPS - Pension (dont submit form 10C).(you will not get Employer 8.33%)

Is you PF amount deducted is Rs.680/- or Rs.540/-(Since your basic is 4500 it is only Rs.540/-(12%) or you have any DA or you have added your ESI deduction also)

nithinp89 - Member Since: Jan 2012
Dear Shenbagarajan,

Many thanks for your reply.

Pls note that Basic was Rs. 5,750 and PF was Rs. 690.

I just have a look at Form19, it is showing fields for Account No. PN/HR. But i don't have such number.

So i should ask this number to my previous employer first right?

One more valid question in this regard, if employer refuse to give me the number wht should i do?

Thanks again for your reply.

Regards
Nithin

k_shenbagarajan - Member Since: Aug 2008
Dear Nithin,

you can see your PF no. in your payslip else you can ask your previous HR to give the no.

Actually they have to sign the form 19, in case they are not signing go as per below given by EPFO.

It is the duty of the employer under the Act & Scheme to help Employees' Provident Fund organisation to settle the Provident Fund dues of his employees. He has to complete the prescribed application within 5 days of receipt [para72(5)] forms & hand over it to the member when he leaves the service. When a member finds difficult to get the form attested by the employer, he can get the attestation of any of the following officer & send to the Provident Fund office

Manager of a bank.
By any gazetted officer.
Member of the Central Board of Trustees./ committee/ Regional Committee (Employees'
Provident Fund Organization).
Magistrate/ Post/ Sub Post Master/ President of Village Panchayat/ Notary Public.

but only when the previous employer is not signing the form you can go ahead with above attestation.

Also, hope you don't have any dues with your previous employers.

saswatabanerjee - Member Since: Oct 2010
if he didn’t have any pf number given, how will he get it attested by someone ? i m assuming thatif employer refused pf, he will refuse to give the account number

k_shenbagarajan - Member Since: Aug 2008
Dear Saswata,

If he is not getting his number, he can write the concerned PF office where the company is maintaining the PF account. But this will be taken seriously and an enquiry will be done by the Enforment officer with the employer.

But, If any dues is to be paid by the employee then the company will surely go for a legal proceeding else no problem.

Try to solve the problem internally.

saswatabanerjee - Member Since: Oct 2010
Yes, i understand what you are saying.
You have also answered my question as to what option he has if the company does not give the PF number. I suppose the department will have a copy of the 12A and 3A where his name will appear.

If his name does not appear, then PF Officer will definitely issue a notice to the company asking to explain why they have not paid PF for him.

I do not think it is legally allowed for the company to hold back PF for other dues. I believe there is a specific rule somewhere stating this.

However, do you think the department will take trouble to follow this through on the request of the employee for such a small amount ?

Quote:
Originally Posted by k_shenbagarajan View Post
Dear Saswata,

If he is not getting his number, he can write the concerned PF office where the company is maintaining the PF account. But this will be taken seriously and an enquiry will be done by the Enforment officer with the employer.

But, If any dues is to be paid by the employee then the company will surely go for a legal proceeding else no problem.

Try to solve the problem internally.

sub_manian - Member Since: Sep 2011
Dear Sir,
In the above case, it is informed that 8.33% of EPS would not be availed by the employee but employer has already submitted their contribution. Then who will be the beneficiary of this contribution or how the employer can take back this amount?

Please Inform.

Thanking you.

nithinp89 - Member Since: Jan 2012
Hi Shenbagarajan,

Thanks a lot for your clear and professional reply on this.

I already cleared the settlement with company and signed on Final Settlement Form. Regarding PF, I will contact the HR and try to close this matter internally.


@rameshr338

Yes i have same conern. In my company, leave (Paid Leave) granted based on the working days of last financial year. One of my collegue now undergoing the notice period and HR deducted PL from the notice period days. (EG: If he having 15 Days PL and notice period is 30 Days, he need to work for 15 Days only.) But company refuse to pay he salary for the deducted days (i.e. 15 Days). Is it legal?

panchal_prakash - Member Since: Aug 2011
Dear Freinds,

Help me, Recently I joined a co. & came to know that our contractor is manuplating to deposit PF amount & in past he has withdraw the PF amount by opening Dummy accounts. Workers has lost faith, Now we don't want to change the worker & can NOT change contractor, Please help me to short the issue.

Regards,

Prakash



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