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anuradhagrewal
5

Hello
We have a new joinee who has raised this query.
The new joinee does not want his previous company to know where she has joined.
So she has asked to fill Form 19 and withdraw her entire EPF amount accumulated till date in that company.
At the same time since she will be joining us this month we will update her UAN in our records so as to start contributing her EPF from her wages that shall arise due to her employment with my organisation.
I am not able to understand that in the interim she is saying to her previous organisation that she is withdrawing from her PF but here we will be contributing even before she has withdrawn her PF amounts.

Kindly guide me.

From India, Mumbai
vmlakshminarayanan
919

Hi,

Question is not very clear.

If the employee is already a contributing Member then UAN should be there and you will also be using same UAN number. Her Ex-employer PF to be claimed through online UAN portal only. Physical form not allowed now.

In case of transfer of PF the ex-employer need to approve hence she might be withdrawing past PF I presume. But even in that case 60 days waiting period is there from the date of relieving from the last employer before which claim cannot be made.

Once joined a new Organization PF can be transferred to new employer only and cannot opt for full withdrawal. However partial withdrawal of PF is allowed subject to approval by PF office through UAN portal.

From India, Madras
anuradhagrewal
5

Thanks Lakshmi ji
My question is that
The person joining us does not want her last employer to know that she is joining us.
If she requests her last employer to transfer her PF account then her last employer will know where she has joined.
Hence my question is how can she avoid her last employer from knowing where she has joined.
Please advice

Thanks

Anu

From India, Mumbai
vmlakshminarayanan
919

Hi

What is the reason behind it? Out of fear or your company is competitor to them. Not sure.

As already stated claim of PF will be the only option to avoid previous employer knowing about her joining. In that case she need to wait for 60 days. Suppose if you start deducting PF before completion of 60 days then UAN being same she cannot withdraw fully and will be compelled to transfer.

Alternatively what you can do is hire her as a short term Retainer Consultant without PF (even for such category PF is must if they work on full tme basis and tenure is extended repeatedly ) and let her support like that till she is able to withdraw PF. After that you can hire her on full time basis with PF. This is a short cut method.

Also please explain the employee about the benefits of transferring PF like Pension eligibility after 10 years etc.

From India, Madras
Madhu.T.K
4193

I don't understand how is the past employer coming to know about her joining your establishment through PF site if she has not given approval request to them? If she joins your organisation and gives transfer request 'through the present employer' how can the previous employer be involved in such transfer?
From India, Kannur
anuradhagrewal
5

I am confused here by conflicting opinions of Madhu ji and Lakshmi ji
@Madhu ji The transfer request will be given through the portal and in that case the company name will go to her past employer.
I dont get it the past company has to transfer to our company or is it that the name of our company will be invisible to her past company
Please clarify
Else I feel that Lakshmi ji opinion is logically correct

From India, Mumbai
Madhu.T.K
4193

Transfer of PF accumulations of an employee to the current organisation is initiated through his own member portal. The transfer will become effective only when the employer approves it. The member can chose who should approve it; it can be either the previous employer or the present employer. Though the EPFO advises that it is desirable that transfer requests are sent to 'previous employer' for approval, it is not mandatory that an employee should get it approved by the previous employer only but he can do it through the present employer also. If he selects "approval through the present employer" then the question of sending the transfer request to previous employer does not arise and as such, how does the previous employer come to know about his/ her present employer?
From India, Kannur
vmlakshminarayanan
919

Hi,

Yes Employee have the option of choosing either previous employer or current employer for attesting the claim form (based on the availability of authorized signatory holding DSC). But the employee should have updated her UAN login in all aspects.

From India, Madras
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