Dear all,

I am working in an organization around 7 seven years. i have been inter- transferred for two divisions. Now again i got a transfer to another division. Here they are not accepting the date of joining. I dont know what to do

pls help me

i worked for 2 years in I division and 3.8 years in II division. i got the same Joining date.

In the meanwhile unknowingly last year i applied for PF settlement of I division for the need of money.

now i got a promotion and transfer to another division of the same group.

Here they are not accepting to continue my Joining date since the PF has been settled in that division.

I requested them that it happened on my mistake. pls consider to do some favour of me since i am having so many personal problems.

I ready to pay back the withdrawn PF amount of Rs.12600 on behalf of considering my service and my gratuity of Rs.25000.

Now iam totally helpless. can anyone help me to get the benefit and how should i have to express to the management.

eagerly,

jagjosh

From India, Madras
Hi Jagjosh
Do you have offer letter and appointment letter with you,which you have got 7 yrs back.This will help you to establish your claim.you can be transferred to no of division of an organisation but management is same there should one corporate office.
It is not mistake of your that you have applied for PF and Gratuity and you have got it.It is the mistake of your corporate office that they did not check your records of transfer and they settled your PF and Gratuity for the tenure of one division.
They are just trying to hide their own mistake by not checking proper documentation and putting the blame on you.It is understood that your organisation is not having any control measures to check employees movement.
You can be ignorant of statutory rules but the people at head office/corporate office can not be so reluctant.
You must put your claim to the right authority,they will definitely be of your help.
Regards

From India, Madras
Dear saurav, I talked to my GM-HR, he said that there is no specific word have been mentioned in your II Division appointment letter that your service will be continued. please help me.
From India, Madras
The very first thing I want to put into your kind notice that you are not on a continuing of your services.
Second, in your statement, you said that you have had apply for EPF unknowingly, what do you mean by unknowingly? How can you say that you have done this unknowingly though you also have admitted that you were in need of Money? Please correct yourself and accept this.
And my dear friend you need to accept the statement of your HR in Division -3 that they canít accept your continuing of services because your EPF has been settled in from the earlier division and for your information, there is a rule/procedure of claiming EPF that an employee have to leave leave/resign from the current position/employment. Therefore, this is a correct statement and you canít be count on a continuing service.

From India, Gurgaon
Dear Jagjosh,

The inf.given by you is not complete. You said U were transferred from Dn.I to II to III and so on.

1. Are these divisions are in the same co. or diff. companies/Estt. with diff. names and diff. places?

2. All these Divns. are having same PF Employer code or diff.?

Pl.clarify your case can be decided only on these facts.

I am sure you didn't get fresh apptt.letter from each division when you are transferred between these divns. but only transfer letters directing you to join Divn. Head so and so....Am I correct ?

There can be two co. in the same group, Like TATA group, Reliance group etc. and you said " inter transfer between the divisions" I'm not clear. Could you provide some more details.

I wonder how they settled your PF & gratuity being you still serve in the same co.? This appears erroneous.

I think, prima facie, If you are not averse to raising an Industrial Dispute you will have the chance of regaining your continuity of service. You may consult an Advocate with your documents.

Best of luck.

kumar.s.

From India, Bangalore
Dear kumar,

1. These divisions are same company.

2. No these divisions has different PF Employer Code. I div is kerala code , II div is chennai code and III div is bangalore.

I got fresh letter in II div but i enquired about this they said since it is new division of our group. we give fresh but there is not any problem to your service continuity. so left it and accepted letter.

But i got my pay slip my original DOJ in II div from the beginning itself. there is no any other supportive documents in my II div except Payslip.

But i have my first appointment letter in that group. I showed this to my III div. They said

"there is not any word mentioned in your II div that your service is continuity. Then how can we give you the continuity.

You might not accepted your letter in II div. now we cant do anything. however you also withdrawn your PF in I div. so there is no chance of your service continuity.

As Anil Kr Arora said i have done a lot of mistake. Better i have to look for the continuity from my II div.

The only thing i have to know that, Is there any act in PF that," service of an employee will not continue in a group if we withdraw his PF amount" pls let me know.

And one more thing i want to know that all social security scheme is to help for the benefit of employees?...

If accepted then there is no other way for me to get my service continuity.

i have withdrawn my 2006-2008 pf contribution of around Rs.13000 on Sep2010. For that iam loosing my gratuity of around Rs.23000/-

Iam ready to repay the amount with interest which i drawn. Is there is any provision in PF for

accepting it and consider my request.

regards,

uday

From India, Madras
Even if the PF codes are different, then the old PF amount should be transferred to the new Company. However, if you have withdrawn the PF, then you must have signed on a statement in the withdrawal form that you are not employed anywhere where PF is applicable, or that you are now self-employed. Without this confirmation from you, PF cannot be withdrawn. Which means you have yourself ended your service tenure with the first Company, that you are calling Division, but legally it may be a separate Company.

Even now, you should get at least your second company's (or division's, as you call it) PF balance transferred to the new Company. However, if the Companys are legally different, there may not be much that you can do about the continuity of service. Ignorance of the law is never an excuse unless one is an illiterate worker, and he can establish that the Company has deliberately misled him while shifting him (by calling it a transfer) to a different Company.

Be careful in the future.

From India, New Delhi
Dear Jagdish,
The division of your organizations where you had been transferred are not the division as all things are different like location,state,pf code,moa.It is therefore clear that this is not a transfe at any way.Treat this change in employment.
Mangesh Wakodkar
Sr.Executive HRD

From India, Pune

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