Facing PF Transfer Issues: How to Handle an Employer's Refusal to Sign the Form?

Dear Seniors,

Lots of discussion has already taken place regarding this topic. However, I recently came across a person who is facing the below-mentioned problem and thought to seek opinions from seniors.

Problem: One of my friends worked with a company for around three years, then she changed her job. After three months, she sent the PF transfer form to the previous employer so that the money could be transferred to the new account created by the new company. Unfortunately, the previous employer is unwilling to sign the form. After numerous interactions, she discovered that although the PF was deducted from her salary, it was not remitted to the PF department. This is the reason they are refusing to sign the form.

Kindly suggest what can be done in this situation.

Thanks and Regards,
Seema

Dear Seema,

This is purely the fault on the part of the employer. Once they have deducted the PF contribution amount from the employee, they are liable to deposit the contribution of the employee as well as the employer's contribution. In this case, what I should suggest to the person is that he shall note the date since the contribution was deducted from his salary (with a record of his salary paid by the employer to the employee), contact a good lawyer (dealing in Labour Laws), and file a case against the previous employer. These types of employers are required to be dealt with severely and ask them to pay the amount with interest since the date of contribution.

Regards,
Munam

Dear Seema,

First of all, there is no need for the signature of the previous employer in the case of PF transfer. You just need to fill up Form 13 (PF transfer form) and get it signed by your current employer. So, get Form 13 filled up, signed by your current employer, and submit that form to the Regional PF office. Please make sure that the Old PF Number and new PF number provided by the current employer are filled in correctly. Your PF fund will get transferred from the old account to the new one.

Amit Goyal

Hi Seema,

For your use, Form 13 (PF Transfer) is attached herewith.

Amit Goyal

Munam and Amit,

Thank you for your valuable inputs. Munam, you mentioned that my friend should go legally. I would like to know if there is any other way out other than pursuing legal action, as it can be time-consuming. Amit's suggestion to submit it directly sounds like a good idea, but what about the pending amount that the previous employer of my friend has not remitted into the employee account?

However, as mentioned by Munam, if my friend pursues legal action, she will receive the whole amount. I am looking forward to your reply.

Thanks and Regards,
Seema

Dear Seema,

I am emphasizing the importance of going through the legal process because I have seen cases where the PF account was not opened by the employer, yet regular deductions were made from the employees' salaries. If your friend does not want to settle the matter through legal means, the best solution is to obtain the old EPF number from the previous employer (if it exists), apply through Form-13 via the new employer, acquire the new EPF number, and begin contributing through the new number, disregarding the previous balance amount.

Munam

Dear,

This is a very simple case. Nowadays, PF authorities are working very smartly and doing their best. Ask your friend to fill out Form 13 with the signature of the present employer and forward it to the concerned PF Commissioner directly. They will take the necessary steps immediately.

Above all, no authorities have the right to impound or attach PF contributions. Even the Income Tax department does not have the power to attach PF contributions in any case.

So, ask your friend to take bold steps. Days have changed. Culprit employers cannot escape.

S.M. Sultan
Sr. Manager HR
NAPC LTD
09884360577

Hi Seema,

Your friend should try to get this issue settled amicably with the previous employer as the PF has not been deposited into the PF account. If the issue is not settled amicably, then legal recourse should be sought.

Regards,
Richa

Hi Seema,

By this time, your query has been well answered by our other friends. Your friend is in a very comfortable situation, and in this case, it is the employer who is in hot water. My suggestion is that your friend should not waste any more time and proceed accordingly as discussed above. PF laws are very strict; a non-bailable warrant is issued in the name of the employer/director, and violations of PF laws by the employer are deemed a very serious issue.

Employers who harass their employees should not be spared and should be taught a proper lesson so that they can't do the same to anyone again.

Bibhutosh Bhadauria

Hi All,

Thanks for all the valuable inputs. I was not aware that PF officers take actions against employers! I was under the impression that if the employer bribes the PF officer, everything will be in the employer's favor. (I have seen this once.) But as per the points mentioned by all of you, I am thinking positively and hope that my friend's problem will be resolved.

Thanks again for all the inputs.

Regards,
Seema

Hi, I am a new user. I just need some information from you all. Previously, I worked for a company and have now resigned, leaving India. I am unsure how to download PF withdrawal forms and do not know the form numbers. Please help me with this and send me the attachments I have requested. I need to print them out and submit them there.

Thank you,
Kalyani.K

Please find attached the withdrawal forms. Fill out all necessary columns and send them to the concerned PF commissioner's office. If you have completed more than two years since leaving the service, you need to provide a valid reason for the delay in claiming the withdrawal.

The PF office will take all necessary steps to obtain details from the employer and process the claim diligently. The claim process is expected to take a minimum of 60 days from the date of receipt at the PF office.

SM SULTAN Sr. HR Manager 9884360577

Dear Seema,

As mentioned earlier, the best option available to you is to approach the Concerned PF Office and contact the concerned enforcement officer pertaining to the area where your friend worked previously. Inform the enforcement officer about the situation, providing him with the PF No. I am confident that he will take stern action against the employer. If you suspect that your employer may have bribed the enforcement officer, in that case, contact the Vigilance Commissioner P.F., whose contact details you can obtain from the concerned PF Office.

Regards,
Chandrakanth

I was working with M/s APS – Star Industries , Sussen Bus Stop, Bombay – Ahmedabad Highway No 6, Makarpur, GIDC, Vadodara 390 010. from 16th Aug 1993 to 16th Sep 1999 at their Coimbatore Branch in Tamil Nadu.
I have resigned from M/s APS –Star Industries on 16th Sep 1999 and have joined other company in Tamil Nadu.
I had applied for transfer of my PF account from The Regional Provident Fund Commissioner, Ahmedabad to
The Regional Provident Fund Commissioner Coimbatore 641018. Accordingly the account from had been transferred.
To my surprise for the total 6 years for which I was covered under PF office of Ahmedabad the amount transferred was only Rs 23000/= approx (Rs Twenty three Thousand only) instead of Rs 90,000/= approx (Rs Ninty Thousand )
At this juncture what should i do.Pl reply to my id " [Login to view] "
Please help.

Dear Seema,

In this regard, you may write to the regional PF Commissioner with all the proofs that the employer has deducted PF but not remitted it to the PF. They are empowered by the EPF Act of 1952 to initiate legal action against the employer under Section 14B & 7Q. Non-remittance of the employee's share is a non-bailable cognizable offence.

With regards,
Naushad

Dear Sasi,

First of all, confirm with the Accounts/HR department of your last company how much contribution they paid to PF on behalf of your account. Only then, if there is any discrepancy, contact the Regional PF Office where your last company used to pay the contribution. Separate cheques for PF and Pension fund are issued from the old PF office to the new PF office. It might be possible that only one cheque of Pension has been deposited into your new PF account. Whatever the case may be, it will become clear to you once you contact the Regional PF office.

Amit Goyal

Hi,

It is crucial to consider how much of the PF amount remains unpaid by the employer, which is less than the legal requirement. This is not an acceptable practice.

You can simply write a letter to the RPFC (Regional Provident Fund Commissioner). The Provident Fund office will take action against the employer as it is a criminal offense not to remit the deducted PF of employees to the PF office.

Regards,
Prashant Patil