Hi All,
I was working in a private ltd company with headquarters in US.
They did not paid salaries to the employees since Jan 2012 because of funding issues. So the PF is also not get credited by company for this duration. But it was confirmed by company MD that PF till Dec 2011 is credited.
Company MD asked us to go on unpaid leave since March and company office is closed since then. I have left the company on March 2012 and have joined another company.
Now in this situation can you suggest how I should handle my PF?
Options can be either to withdraw the PF or to transfer to new company account.
Issue I see here is that my previous company has not credited last 3 months PF (Jan, Feb and March). Transfer form needs date of leaving the service of earlier employee.
So what can be the alternatives in such a case?
If anyone has seen such case earlier and/or knows about the rules to follow in such case please let me know. That would be of great help.
Thanks in advance.

From India, Pune
Mr.kulkarni
Till the date you worked in the company , you are entitled to wages irrespective whether they are paid or not and thus so long as the employer ows you wages he is liable to pay the contribution on such wages payable to you.Therefore you can fill Form 19 and get it attested by the Branch manger of teh Bank in which you are holding your SB account or by a Gazetted officer/Post master and submit the Form to P.F Dept for necessary action.
B.Saikumar
HR& Labour Law advisor
Mumbai

From India, Mumbai
Hi Saikumar,
Thanks a lot for your quick reply. I have few queries.
In case of withdraw (Form 19) can/will PF office release the credited PF even if last 3 month's PF does not get credited? I see no hope of getting PF credited from my company. Or it will happen when my company deposits the due PF?
Same is the query for transfer as well.
And in this situation will it be better to go for transfer or withdraw?
Thanks.

From India, Pune
Krishan Kapoor
12

General Manager HR
I have a query here, If the Company does not sign Form 10C and 19, what is the remedy? Please guide.
From India, New Delhi
Mr.kulkarni
P.F authorities are vested with power to recover dues from a defaulting employer under teh P.F Act since the employer might have defaulted in respect of other employees also. Ypo need not worry about it.It may consume some time. But you will get the P.f dues for the entire period of service in the company. But be in touch with P.F dept at regular intervals.
B.Saikumar
HR& Labour Law Advisor
Mumbai

From India, Mumbai
Dear Kulkarni,
It is better to transfer to present company.If you are in PF member more than 10 yrs of service.You are entitled to get Pension scheme cerificate.Otherwise, you withdraw your amount by applying Form 19 and 10C duly attested by gazetted officer
Whether it is closed legally as per Industrial Disputes Act,1947 or not? or Sick unit ?
Responsibility of the employer to remit PF share of contribution (both employee & employer) on every month.If they failed to do, PF authories will issue Show cause notice to the default employer. If the default employer is not remitted PF contribution on given date,
They impose penalty and damages for the delayed payment(PF contribution).
If they are not paying 3 months salary even after your repeated communication to the management.It is up to you to approach labour court by filing Application under Sec 33(2) for claiming pending wages.
Regards
D Pannerselvam

From India, Mumbai
Hi All,
Thanks a lot for detailed replies.
@Pannerselvam
The company management claims that they have not yet shut down. They have asked us to go for unpaid leave. But it is more like illegal shut down and get away from the responsibilities and dues.
I will certainly explore Sec 33(2) possibilities.
Thanks and Regards.

From India, Pune
Dear Sir,
Non payment of PF by employers are common. Dont worry about it. They will have to pay at last.
Regarding your question, you can transfer the P.F. or can withdraw P.F. amount. In the First instance, they will clear whatever amount
available in your account. The Delayed payment by the employer will be sent to your account at later date after payment by the employer.
D.Gurumurthy
LL.HR & IR Consultant.

From India, Hyderabad
smbhappy
51

Finance, HR, Sectarial Practices, Law and Social Work
You can use the EPFiGMA to know the status of your PF.

EPFiGMS - Employees Provident Fund internet Grievance Management System

[/B]

A lot of people are suffering with their PF related woes owing to the attitude of employers as well as the PF Authorities. Mostly these delays are owing to the corruption. Although, the Government is doing its best to provide information to the employees in a better way, yet the means of the corrupt are stronger than the measures of the Government.

You may see the following threads Problem in claiming PF amount at

Problem in claiming My PF amount

PF Status / Balance - Page 177

pf no

However, still, one can take some measures to get the information:

01. First you should directly ask your HR dept. to provide your PF Number, and other assistance that you require concerning your PF related issue.

02. However, if employer neglects your request, just approach Regional PF Office and consult EDP section. (You have to be smart and humble while requesting EDP section, just tell your company's Name, your name and your Account No., the person will verify your records through computer and will let you know the exact status as on date)

03. All of you seeking PF related help may use the following link which will take you to EPFO newly launched "Employees Provident Fund internet Grievance Management System (EPFiGMS) portal: EPFO <link updated to site home> or go to Home Page

This is the New service started by EPFO for online redressal of grievances of the members of EPFO and covers the following types of the queries:

1. Withdrawal/Final Settlement of PF (Form19/20/31/10C)

2. Transfer of PF Accumulations (Form 13)

3. Scheme Certificate (Form 10 C)

4. Settlement of Pension (Form 10 D)

5. Issue of PF Slip/PF Balance

6. Payment of Insurance Benefit (Form 5 IF)

7. Cheque Returned/Misplaced

8. Other (Not covered above)

04. Also see the following blog at :

EPFiGMS – EPF i-GRIEVIENCE MAMAGEMENT SYSTEM - Blogs - RTI INDIA

Epfo has introduced the sms based communication platform - Blogs - RTI INDIA

Pf accounts idle for 36 months or more months to fetch no interest - Blogs - RTI INDIA

05. EPFO has launched a new system for getting PF updates through SMS, if your Account is still operative: EPFO <link updated to site home>

One can also see your claim status from the following link Claim status of any EPFO office can be seen: EPFO <link updated to site home>

06.For other details, following link can be tried:EPFO

07. Alternatively you can file RTI Application with the Concerned RPFC and seek necessary information.

From India, Chandigarh
You stated that you left the company and joined a new one. Have you resigned? Or are you still on the rolls of the old company? If you have resigned and joined a new company it is better to get your accounts transferred to the new company (as explained in Post #6 above). Donot worry about the unpaid salaries. That will be taken care of by the EPFO (as explained in post #5 above).
From India, Madras

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