Can Company Hold The Employer's Contribution Towards PF??

Hello,

I would like to know and have suggestions from all seniors regarding PF. My question is:-

1) Can company hold employer’s contribution towards PF after dismiss / termination after serious willful misconduct by any employee?
2) If yes, then how PF department will entertain that fund?

Hope for quick valuable suggestions soon.

Regards

Pankaj Chandan

dear pankaj
no,not at all,let it be any condition.dear fund is not with employer and fund is with PF dept.they can not hold it .being emplyer you can not even refuse to sign on withdrawl.
please refer section 10 of the act for further detail.
tks
j s malik

Hey
I go with Mr Maliks' saying its right. employer cannot hold PF and cannot also refuse to sign the withdrawal / transfer form.
Its the right of statutory provision.
kb

Thanks Mr. Malik!! But, before that I had also an impression as you said.

In form (5 ) I found wording are as follow:-

A request for deduction from the account of the member dismissed for serious and willful misconduct should be reserted by the following certificate.

“Certified that the member mentioned at Serial No. _______ Shri _________ was dismissed for serious and willful misconduct. I recommend that the Employer’s Contribution for ____________ should be forfeited from the account in the fund. A copy of the order of dismissed is enclosed.”

This wording confuse me a lot. I request you to please refer form 5 and correct me if I am wrong somewhere.

Valuable suggestions required.

Regards

Pankaj Chandan

Dear Pankaj,
I have been following you posts in this site for some time now and I must say that please try to get your confusions clear before asking suggestions from seniors. You cannot expect seniors to give you answers if you ask them wrong questions. First try to find out what Form (5) is exactly required for???? I think you are wrong somewhere......... Form(5) is required for a completely different purpose and not for the one that you have mentioned.
As far as your original question is concerned, where is the question of contribution coming after an employee is dismissed or terminated. If an employee is terminated on the 20th of any month then the company is bound to pay his contribution till the 20th. That's it.
Regards

dear pankaj
i have gone through your query,sometime it takes time because one has to refer bokks ,no one is perfect and rember everything.i have gone through your query and it is not mentioned in form 5 as you have mentioned ,it is mentioned in form 10,i too got confused purpose of writing this .let us wait for others suggestion.
tks
j s malik

Dear Awvik,

I am sorry to write Form (5) that is Form (10). But instead of correcting me you are saying that my question is wrong. Not fair.

What you have given me answer is well known to me – I am not asking for that. My question is well said above but for you I am repeating the same i.e.

Can Company forfeited employer’s contribution form the Provident Fund? IF NO then refer Form 10 and clear my confusion, IF YES then how that forfeited fund will be entertained.

Awvik I would like to tell you one thing that if somebody doesn’t have any confusion then there is no need to ask any questions.

Hope you understand

Regards

Pankaj Chandan

Thanks Mr. Malik,

That is not form 5, that is form 10

I spoke to HR Consultants and many of my HR links they are also confuse with that wording.

Thanks so much for your reply and shall be highly grateful if you help me to clear my confusion.

Regards

Pankaj Chandan

Hai
It is not possible. But Employer can refuse to sign the claim form i.e. Form 19 & 10C.
MANOKAVIN

Hi Manokavin,
Please see the queary again - Awaiting for your reply!!
Regards
Pankaj Chandan