Administration Head
Payroll And Labour Law Consultancy
Executive - Payroll & A/c
+3 Others

I was working in a pvt company since dec\'2010. I was suffering from some disease, so was not able to go job for one month, i.e in FEB\'2012. So, my company has not given me the salary for the month of JAN\'2012, as i was at home. Now, due to some reason i have resigned the company. Now i want to withdraw my PF. I consulted the consultant who carry out all dis work for company. He told me that he was instructed from company to show me absent in PF form. Means my resigned is not accepted, but i have mailed them and dint got the salary since JAN\'2012. SO CANT I WITHDRAW MY PF.....???? Pls help.
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Hello, You can certainly withdraw your PF. Your consultant should guide you on the same. Let me know in which Form you are marked as absent.
Hello Mansi,
i had talked to the consultant but he is not telling me anything clearly. But is it possible that company continues to contribute (PF amount.. 600 was paid by me and another 600 by company).. so, is it possible that company can their contribution part, when i have resigned. As consultant says he was instructed to mark me absent. I think hw=e was talking abt the form, in which list of all employees, who PF is deducted, with all other info like basic, gross salary & net salary. In dis form only i used to sign.
Kindly advice.
My company people are not kind. They will never wish that i get my PF money.

You said that you were on leave for a month due to your health problem /disease and later with some reason you have resigned from your job and now I wanna know from you wheather you informed your Employer/Boss/Supervisor/Team Leader or any HR personnel that you were not able to come office with whatever reason or not.

And what your query make me understand so far is that you were on leave without informing them about your illness and later you resigned from our job bcz your employer mark you absent and you were not able to obtain salary of this month which made you feel bad. But Employer has every right and authorised to mark you absent and cut your salary at this point. As you already have been informed that you are marked absent implies you have not earned salary of this Month (JAN12), consequently, there no EPF deduction been made and they are right at their end.

Second, your resignation has not accepted implies that you are still an employee of them but declared absconded or abent from duty which is another problem for you. To claim EPF, employee must have to resign from the job which is a leagal requirement (According to the EPF ACT) too.

Lastly I wanna say that you need to speak to your Boss/Supervisor/HR personnel on this issue and need to enquire what they wants their employee (YOU) to do to get exit clearance (Acceptance of Resignation).

And also it seems that you have never gone through the Term & Condistions of Employement Letter and donít know about Notice Period or conditions of separation of Employment.
hello Anil,
Well i was absent for the month of FEB'2012 & i had informed that about my health problem. I dint asked them for any compensation. I just asked for the salary of JAN'2012, which they had not given me.
I resigned in MArch'2012. SO, my point was, even after my resignation, my company is marking me absent for the month of march (as told by consultant of company). And for notice period, there is no such requirment in present company. People come and leave. None of my concern.
My query is Do my company have the right to show me absent forever, even after my resignation?? (as they will not wish me to get my money).... And cant i apply for PF...??
Thanks & Regards,
Dear anil as you said that you resigned in the month of march,but there is one problem that for pf withdrawl you need a signature of employer also in your form19 and 10c,so how you make it when employer is not ready even to accept your resignation.
Certainly you can fill your PF Claim Form after 2 Months from Date of Leaving. If the company refused to fill the PF Claim Form, you can directly go to Labour Court.
With Regards,
Executive - HR
Mob - 9716014884
Please find the attached file it’s solve your problem

Attached Files
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File Type: doc PF - FAQ (1).doc (47.5 KB, 70 views)

Dear Kriti, Now rules are changed and a signature of a Gazetted officer is also acceptable...
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