How Can I Secure My Provident Fund After Being Marked as Absconding Due to Family Emergency?

Hi, my name is Chris. I am currently absconding from my organization. The reason is that due to some serious problems at my home, I requested a 15-day Loss of Pay (LOP) leave, but they refused to grant it. However, my presence at home was more important to me. Consequently, they marked me as absconding and are now refusing to release my provident fund (PF). I did not approach them for leniency because I was aware they would not assist me. Moreover, they are demanding one month's salary as compensation, which I believe exceeds the amount in my PF. Could you please advise me on how to proceed to obtain my PF funds?

I am eagerly awaiting your response.

Regards,
Chris

First of all, let me know your PF account number and company code. If you are aware of your PF Number and Company Code, simply visit the nearby PF office in your area to collect the necessary forms for both PF and Pension. Fill them out and submit them to the office. The PF Office will take care of your PF.

Secondly, if you wish to withdraw your PF, at least 60 days' notice is required to process the withdrawal.

Regards,
S. Mahadevan
Chennai

Steps to Withdraw Your Provident Fund (PF)

First of all, PF is your money; you have the right to withdraw it. Please fill out forms PF 19 and 10-C and send them to your employer through Registered AD. Later, follow up with an email or send a letter requesting the processing of the PF forms. If they do not process them within 30 days, you can fill out another set of forms and obtain the signature of any Gazetted officer. Submit these forms directly to the PF office with a covering letter stating that the company is refusing to process your PF, so you have to go through this channel.

Regards,
Johnson P.

There is no right for an organization to stop your PF withdrawal. If the organization is not forwarding your Form 19 & 10C to the PF office, you can directly approach the PF office with duly filled forms and with a genuine attestation.

This is AK Jain from India. There are two issues you have pointed out: one is related to PF, and the other is regarding resuming work with the organization you were/are associated with. Here are a few suggestions.

Provident Fund (PF) Issues

PF is a statutory deduction that is deposited with PF authorities at the end of each month. You must have been allocated a PF account number. You can claim a refund of the PF amount using the prescribed form, and the organization cannot refuse to certify your employment with them under any circumstances. If they do, you have the right to request reasons in writing or through RTI (if you are in India) by paying a nominal fee of Rs. 10 in the form of a Postal Order.

Leave and Employment Issues

You applied for leave which was denied. In such a scenario, you should have politely tried to persuade your senior or another competent official to grant you leave. However, since that stage has passed, there is no point dwelling on it. Every organization has a Code of Conduct that governs the service conditions of their employees. According to this code, no employee can be outrightly denied employment for being absent for 15 days or so. Even if the management is strict, they must follow the procedures outlined in the Code of Conduct & Discipline Rules. This involves issuing a notice to resume duty, sending reminders, conducting an enquiry, providing the charged employee with ample opportunity to defend their case either personally or with the help of a colleague. The findings of the Inquiry Officer are then presented to the Disciplinary Authority, who decides on the appropriate punishment or exoneration based on the merits of the case.

In your situation, it appears that you may not have presented your case in a manner that would garner sympathy from your superiors. There is still a chance to rectify the situation if you so desire; otherwise, the legal route is always available.

Best wishes.

Regards,
Arun Kr. Jain

Thanks, friends, for the advice. I will go back to my company and update you on the status. Check back in 2 days, I will provide an update on it.

Regards,
Chris