Can My Friend Withdraw PF If the Hospital Didn't Register It? Seeking Legal Advice on Procedures

PF Withdrawal Query in the Hospital Sector

One of my friends worked in the hospital sector. Actually, monthly the PF amount has been deducted from his salary, but the hospital didn't register in the PF office. So, my question is, can he withdraw the PF amount? What is the procedure? If it is still not registered, what will be the procedure? Please give me legal advice.

Thank you.

Regards

If your hospital is not registered with the PF office, how will your PF amount be processed for you? Without registration, this is impossible because, after registration, the firm can deposit the PF amount. You should contact the authority responsible for handling these affairs and consult with them. After that, you may proceed to the next steps.

With regards,

If you have a salary slip showing a deduction of PF, then write an application to the Labour Officer and PRO at the PF office. They will help you find out the necessary steps.

Regards,

If you have a salary that shows your PF has been deducted by the employer, you need to check where the employer has registered you. Whether it's in Delhi or Uttar Pradesh, forward your complaint with the salary slip to the concerned RPFC as well as the Labour Department of the respective state. You will definitely get a result.

Regards,
Sunil Sharma
[Phone Number Removed For Privacy Reasons]

You should first check with the hospital. In case you do not receive an appropriate reply, approach the labor officer and the concerned PF office with your salary slip (if a salary slip is not issued, present the appointment letter) and lodge a complaint.

If the PF amount is deducted from his salary, I am sure that his employer has already registered with a PF code. Then contact the concerned person in your office for Form 10 and 19. Fill it out properly with your employer and instruct them to submit it to the PF office, or you can forward it to your present employer. This process will take a minimum of one month.

If your employer is not registered, you can take legal action against them, which will be in your favor (if all proofs are available). This action can also benefit other employees.

The person concerned must seek the status of their PF from the HR department first to determine the position regarding PF deductions. For instance, whether the hospital is covered under the EPF Act, if there is a pending allotment of a code number, or if it is an exempted establishment.

If the hospital employs more than 20 employees, it will eventually have to deposit the PF deductions with the PF office. Once an individual has their account number from the office, they can request withdrawal or transfer to a new establishment's account. In the case of exempted establishments, the PF funds must be held by the trust of the establishment and will be provided by the establishment itself. It is advisable to seek comprehensive information from the HR department first.

If you have any documents showing your PF deductions from your salary, please first inquire with the relevant person in your organization or hospital. Once you have clarified whether the deduction is registered or in the process of being registered, if the PF amount has been deducted from your salary but not submitted to EPF, you should take necessary action against them.

Regards,
Sameer

Course of Action for PF Non-Deposit by Employer

Here, the question arises if a company claims to have registered with PF but in reality is not. The employer/company may be deducting the PF but not depositing it with EPFO. There is no written proof provided to the employee. Upon realizing this, what should be the course of action for the cheated employee? Just simple guidelines, please.

Regards