Can We Legally Hold Back an Employee's PF for Not Serving Notice Period?

life.rashmi
Hi Rashmi, please let me know if we can hold back the PF of an employee if he has not served the notice period. Thank you.
sudheeh
We cannot hold the PF amount, but we can hold the employer's contribution with a valid reason. Please check with your PF regional office.
apoorva97
Legally, you cannot hold the PF of any employee, nor the employer contribution, as suggested by Sudheer, as it warrants penal interest and damages for late deposit of the contribution.
leo_mark11
No, Rashmi, you cannot do that. You can deduct it from his full and final settlement or adjust it with his earned leaves.
Rajvirkalirana1960
You can't withhold the PF amount of any employee; otherwise, you have to deposit it with a fine.

Thank you.

Regards,
Rajvir
aa_somani
You cannot withhold the PF amount for any reason. Even the government cannot seize or attach PF for any claim.
babisolmanraju
There is no right to hold the PF claim even though the employee did not give notice period. You can deduct the one-month salary from his F&F settlement, but you should not hold his amount.

Regards,
Raju
HRD
bkhppl
Dear Rashmi,

The PF of an employee cannot be held back for any reason. Considering it as a social security element, it cannot even be attached with a court decree and/or debt recovery.

Regards
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