Facing a Forced Transfer: How Can I Secure My Provident Fund and Leave Benefits?

shr.srv@gmail.com
Recently, I received a transfer order from my company transferring me to a different city and giving a deadline for joining. My company, whenever it wants people to leave, transfers them to different locations with a "latest joining by" date. Most of them are unable to do so and are compelled to resign without being able to serve a notice period, and the company forfeits the current month's salary and all other benefits like Leave encashment.

Please advise on how I can get the PF amount in such a case. Until now, my company has not provided a single PF statement.

Also, can I claim for encashment of my earned leave if I have to leave suddenly?
tushar.swar
Hi,

Firstly, is the PF number and deduction of the same mentioned in your salary slip? If yes, you have proof that you are a member of the PF scheme. You can withdraw your PF, but a minimum of 2 months after your date of leaving. You are eligible to receive the leave encashment at the time of Full and Final Settlement if you have it.

Regards,

Madhu.T.K
Policy on the transfer of service is purely an internal matter on which an outside agency cannot intervene. There should be a clause in the appointment order itself stating that you are likely to be transferred anywhere in India (I presume the network is within India only). It may happen that, in order to avoid retrenchment and its consequences, the management may transfer employees to far-off places, even without providing any transfer allowance. Legally and from the employer's perspective, there is nothing wrong in doing so. However, from an employee's standpoint, such relocation can create numerous problems, potentially leading to resignation. In such cases, for final settlement, it is advisable to reach an understanding with the employer to be relieved at a later date, enabling the full utilization of accrued leave.

Although leave is not an absolute right of the employee, they can request the employer to extend the leave to cover the notice period, facilitating the search for alternative employment in the meantime. Damaging the relationship could result in difficulties obtaining a positive service certificate. Nevertheless, this should not imply compromising. If HR proves uncooperative, there are other avenues to pursue for recovering dues.

Regarding the Provident Fund (PF), there are two options. One can either withdraw the entire amount if the service period is less than 10 years or retain it temporarily and transfer it to a new account upon joining another establishment. The funds will not expire, and control does not rest with the employer. If there are concerns about PF remittances by the employer, verification can be done directly at the Employees Provident Fund Organisation's office. Certain EPFO websites provide updated information on balances and whether the employer is in default. Whenever possible, it is advisable to visit the PF office in person.

Regards,

Madhu.T.K
dhoop verma
Hi,

You can obtain your PF account number and then proceed directly to the PF office to file for withdrawal. Additionally, you will need to know your organization's account number for this, which the finance guy should be able to provide.

Thanks!!

Regards, Dhoop.
shr.srv@gmail.com
For Mr. Madhu.T.K.

Sir,

Thank you for your reply. The company is located in India, and its operations are spread all over the county with its headquarters in Hyderabad. The HR department is very arrogant, and they do not extend the date of joining at the new center, even if you express a desire to relocate to the new place. Getting a transfer order is as good as a termination letter in our organization.

Regards
amit.trada
Dear Friend (Regd. P.F.),

You have to transfer your job from organization X to organization Y. You have to fill up P.F. Form 13 Revised, which is attached herewith.

Another important aspect is to transfer the sole (same) employer. At that time, you have nothing to do, and you will simply receive a P.F. annual contribution slip, Form No. 23, indicating your P.F. balance.
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