Saswatabanerjee
Partner - Risk Management
+4 Others

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Hi..
I am working as HR Generalist in an Interior Design Company.I was working in a company for 2 years and 2 months. There was nothing systematically, so i left the company without resign letter. About my resignation i have informed them 3 months before as i haven't received any appointment letter. Now they are not signing on my PF withdrawal form. In my new Company i opted from PF and my new employer is saying to withdrawal PF from the X employer . Otherwise the PF liability will come to the company.
Please suggest me what to next
Thanks & Regards
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1. You have been a member of PF and should transfer the PF. If you have not remain unemployed for 2 months after separation then you can't withdraw. It is unfair and illegal too. YOur company is asking you to withdraw so as to shed off its legal liability to cover you in PF and pay PF contribution......and you seem to be willing to not to be a member of PF and hence to be mislead....

Your benefit is to remain a member................therefore you may submit PF transfer forms thru current employer under proper acknowledgment ..........................You don't need your past employer for transfer of PF..

2. You had notified the company by notice of resignation in office in person sufficiently in advance.................and you can submit notice as well as final resignation by post.........
If you have submitted it by post then you can attach the copy and supply it to good offices of appointing authority,MD.......and demand to supply you the acknowledgment and acceptance of notice/ resignation, service certificate,relieving letter,correct FnF statement,payment of FnF wages (including earned wages,Bonus,leave encashment etc),PF number and a/c slips of each year,ESIC card,salary slips of each month,Form16 as per correct FnF statement etc........

3. Your past employer might have either::
----has not struck of your name from muster and in such case may decline to attest your PF forms, however in such case it might be violating its own policies that might lay down that in case of unauthorized absence beyond .................days, the employee shall loose lien on employment and shall be terminated.................

Model Standing Orders lay down clear guidelines in such respect and HR policy/service rules and regulations/Conduct and Discipline rules of your past employer might have similar clauses on it....

----has declared you 'Absconder/Absconding /on unauthorized absence........................and hence may still treat you 'Not Relieved' and hence may not attest your PF Forms.........

You would need to handle this situation successfully and mind what you say and what you write.
Your able Labor Law Consultant/Service Matters lawyer and even Employee's/Trade Unions Leaders can guide you and help you.

Employee should always avoid acting on his own and consult beforehand than acting erratically........
If you were not happy then you should stated it in writing to good offices and build favorable written record.....

4. Have you declared your past employment to your current employer?
Dear Kirtee,
There is not an issue,If You want to with drawl your PF & your employer is denying to sign the form then you can get it signed by any any state bank official who has a authority & also go to the Add P.F commissioner.
He can signed your form after verifying your employment .
Transfer of PF deom old to new employer no longer requires signature of the previous employer. Please check online at the PF website and the procedure is very clearly provided.
And in any case, the money DOES NOT go to the company, irrespective of whether you withdraw transfer or leave it there. If that is what your HR is saying, obviously he knows nothing about PF and its rules
Dear all. ... Thanks for your advice and suggestion. I am happy that my Cite HR seniors are there to help . Again Thanks a lot . Definitely I’ll follow the same .. Thanks & Regards Kirtee
Dear All. just wan to clarify one more thing is that ..... In my current company my basic was 15200/- when i was opted, now my current employer decided to make my basic salary as 40% of the gross which is less then 15200/-, so is there any problem to go in this way to make the salary structure . As both the contribution will be deducted from my salary i don't want to keep my basic as 15200/-.
Please help
Thanks & Regards
Kirtee
Please let us know your gross Salary? What kind of problem may arise as you fear?
Dear Kirtee
The verdict from the court is awaited on "PF wage". But its mandatory to take BASIC + DA as the components. The other components varies with the organisation. Also the salary structure. However the basic salary should be as per the minimum wage.
The minimum PF gross salary is your Basic + DA and the higher PF wage/ Salary as 15000/-
Dear Team,
I would like to put one information before you.
For PF wages is Gross -HRA
1. If the employee having more than 15000 on his/her basic +DA there is no requirement to there other allowances etc,
2. If the employees having less than 15000/- on his/her basic that time need to add there other allowances etc restriction
upto 15000/-( Gross salary- HRA)
Have any clarification : 9566596816
Thanks and Regards
S.Murugan
That is still being debated in court The new PF act amendment provides for it, but it’s yet to be passed All employers are taking basic + da as of wages.
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