Industrial Relations And Labour Laws
Assistant Human Resource Manager
Hrd, Labour Law, Oc, Od
21st October 2009 From India, Kannur
Thank you for reply, I was in Delhi in Call Centre, and I think i will manage to get the form signed by the Employer on the forms.
Sir one more query, where can check my PF Balance?
Thank you once again for this advice.
22nd October 2009 From India, Delhi
It is not mandatory that the withdrawal forms should be signed by the employer. It can be signed by any person authorised in this respect like Bank Manager, MP, etc
22nd October 2009 From India, Kannur
i think u r working as a call centre employee in delhi. why u with draw the pf amount.
u can transfer ur EPF amount previous organisation to existing organisation. once u contact with ur HR Dept, they will give the Form - 13 PF Transfer. Its better to utilise the EPF benefits.
23rd October 2009 From India, Visakhapatnam
It is always so good that from your posting we learn a new things.
Please provide me the dettails for the provision that it is not necessay to sign the PF form from the past employer or they can be signed by the gazetted officers also.
I have so many cases in my hand where they have to withdraw their pf but due to lack of knowledge of this i am not able to suggest them the right path.
Is this provisions are also covered for trust peple.
Some times employer not process PF forms due to recovery on th employees. Though we cannot deduct any amount from the pf but employer pressurise employee for that money.
Your early response will be appreciated.
23rd October 2009 From India, New Delhi
23rd October 2009 From India, Bhubaneswar
As you responded to leeonvoyage query regarding PF; I also have the same prblm , I filled the form and get it signed by the bank manager; as i was not able to locate my ex-employer.
But the same is returned back after 2 months , saying, we will not refund unless and until it is signed by previous employer.
The truth is after making every effort, i am not able to locate my p-employer.
What to do? Pls guide.
Thanks & Rgds,
23rd October 2009 From India, Ahmadabad
The concept behind getting the signature of the employer is that the claimant has left the organisation. Also, the PF department should know on hand about the past contributions deducted/made on behalf of such employers.
On the other hand, every employer is required to file annual returns of the deductions in March. Hence, for employees who have left long before, the contributions must have been filed and it will not be a difficult task for the department to find the balance available.
Also, think of a position where many companies are closed. In such cases, where can an employee go to get the signture (Probably if it is chit fund, he can try his luck in jails!!)
So logically, the department can not hold your claim for lack of employer's signature. I do not think that we need any settled legal position for this. If the department is refusing to accept the claim in spite of any mention in the individuals application to the effect that the employer is refusing to sign/employer is no more existing, then it is a gross violation by the department. If the employer is live, then the department can call for the explanation from the employer as the statutory payments can not be withheld at any cost.
Krishnaraj P R
23rd October 2009 From India, Madras
23rd October 2009 From India, Mumbai
The procedure to be followed by the member if the employer is not attesting his claim forms?
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
1. Manager of a bank.
2. By any gazetted officer.
3. 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.
If you do not received your claim, you kindly contact to me over phone, the P.F.deptt. can not deny the P.F.withdrawl attested by the above, as it has also been written in their pumphlets.
SHISH RAM UNIYAL
24th October 2009 From India, New Delhi
28th October 2009 From India, Kannur