Resolving PF Withdrawal and Resignation Issues with Employer Involvement

Hello,

I was working in a private company since December 2010. I was suffering from some disease, so I was not able to go to work for one month, i.e., in February 2012. Therefore, my company did not pay me the salary for the month of January 2012 as I was at home.

Now, due to some reasons, I have resigned from the company. I want to withdraw my PF (Provident Fund). I consulted the consultant who handles all the related work for the company. He informed me that he was instructed by the company to mark me as absent in the PF form. This implies that my resignation is not accepted. However, I have emailed them and have not received my salary since January 2012.

So, can't I withdraw my PF? Please help.

Hello,

You can certainly withdraw your PF. Your consultant should guide you on the same. Let me know in which form you are marked as absent.

Hello Mansi,

I had talked to the consultant, but he is not telling me anything clearly. Is it possible that the company continues to contribute (PF amount... 600 was paid by me and another 600 by the company)? So, is it possible that the company can take their contribution part when I have resigned? The consultant says he was instructed to mark me absent. I think he was talking about the form in which there is a list of all employees for whom PF is deducted, along with other information like basic, gross salary, and net salary. I used to sign only in this form.

Kindly advise. My company people are not kind. They will never wish that I get my PF money.

Thanks,
Samir
9904526766

Hi,

You said that you were on leave for a month due to your health problem /disease and later with some reason you have resigned from your job and now I wanna know from you wheather you informed your Employer/Boss/Supervisor/Team Leader or any HR personnel that you were not able to come office with whatever reason or not.

And what your query make me understand so far is that you were on leave without informing them about your illness and later you resigned from our job bcz your employer mark you absent and you were not able to obtain salary of this month which made you feel bad. But Employer has every right and authorised to mark you absent and cut your salary at this point. As you already have been informed that you are marked absent implies you have not earned salary of this Month (JAN12), consequently, there no EPF deduction been made and they are right at their end.

Second, your resignation has not accepted implies that you are still an employee of them but declared absconded or abent from duty which is another problem for you. To claim EPF, employee must have to resign from the job which is a leagal requirement (According to the EPF ACT) too.

Lastly I wanna say that you need to speak to your Boss/Supervisor/HR personnel on this issue and need to enquire what they wants their employee (YOU) to do to get exit clearance (Acceptance of Resignation).

And also it seems that you have never gone through the Term & Condistions of Employement Letter and don’t know about Notice Period or conditions of separation of Employment.

Hello Anil,

I was absent for the month of February 2012 and had informed them about my health problem. I didn't ask for any compensation. I just asked for the salary of January 2012, which they had not given me. I resigned in March 2012. So, my point is, even after my resignation, my company is marking me absent for the month of March (as told by the company's consultant). For the notice period, there is no such requirement in the present company. People come and leave; none of my concern.

My query is, does my company have the right to show me as absent forever, even after my resignation? (as they may not wish me to receive my money) And can't I apply for PF?

Thanks & Regards,
Samir

Dear Anil,

As you mentioned that you resigned in the month of March, there is an issue regarding the withdrawal of your PF. You require the signature of your employer on forms 19 and 10C for this process. How do you plan to proceed when your employer is unwilling to acknowledge your resignation?

Thank you.

Hi,

Certainly, you can fill your PF Claim Form after 2 months from the date of leaving. If the company refuses to fill the PF Claim Form, you can directly go to the Labour Court.

With Regards,
Bhanu
Executive - HR
Mob - 9716014884

Please find the attached file. It will solve your problem.

Dear Kriti,

Now, rules have changed, and a signature of a Gazetted officer is also acceptable.