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Lalita Chandrashekar
1

Hi friends,
Just wanted your opinion, rather guidance is certain aspects of PF claim :
1. Can the employee who was terminated apply for their PF?
2. How can we claim the pending amount to be paid by that employee before approving her PFform.?
Incase you have any details and documents regarding various such cases, can you send it across..
Please send it to me at .
Thanks

From India, Mumbai
jeevarathnam
633

HI Lalitha, 1) Yes Even the terminated employee can apply for the PF refund. Any employee is resigned, retired or terminated can avail their PF fund. 2) I am not much clear on this point. Jeeva
From India, Bangalore
sari.pavani@gmail.com
3

HI,

Can any one tell me what would be the next step in the below situation.

one of my friend got terminated from the company on the basis of disciplinary grounds, where the fact is,

In his current company recently he has been shuffled to other team, his team leader has misguided him saying that "for mass mail you can do it from home as you have taken laptop recently. Don't waste much time in office for mass mail". That is his first company he does not Know the much about politics and this kind of things even he working in that company from more than one and half year. Later one day company has come to know some one using portals from out of office then they started investigating they come to know that the team lead is doing freelancing job and this guy's IP also given by the Naukri management. So they have checked his mails with out his permission. They are saying that they have some proofs from his mails but not ready to discuss on that. Now they terminated him on the disciplinary grounds. Saying that, can not provide relieving letter.He belongs to lower middle class family, if he don't do job they can not survive. After a long discussion with his company, they said that they will release his last salary but saying that can not provide relieving letter. with out relieving letter he cannot join new organization and he may not get the PF money also.

Any one can kindly suggest him, how to move to get his relieving and PF money.

From India, Hyderabad
jeevarathnam
633

Hi
In that case let hi approach the HR after 60 days from the last day of his duty. Sure They have to do the needful formalities for claiming PF funds. If not no need to worry. He can approach PF commissioner & the same will be refunded.
If still he needs the releaving letter then once again ask him to approach the HR to get the releaving letter. If not tell him that he will approach the labour officer to get the same.
https://www.citehr.com/460318-pf-submission-form.html

From India, Bangalore
sunilgaik1976@gmail.com
5

Dear Lalita
1) Yes even a terminated employee can apply for PF since there is no restrictions in the PF Act
2) It is a common practice to with hold PF formalities before employee pays his dues. You cannot ask PF department to divert such funds as it is not allowed. You can diplomatically recover this from him through some pressure tactics. If it doesn't pay off, just don't with hold it for too much time since he is statutorily eligible for PF & can complain to the RPFC regarding the same.
Regards

From India, Mumbai
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