If The Contractor Does Not Complete The Formalties Of PF Withdrawal Of His Employee?

neha_ksp
Dear All,
Hello everyone, this is Neha, working as HR executive in a private firm, Which has contractor's labour. Now i am facing a issue regarding PF withdrawal. First we had a Contractor XYZ, we deputed some employee through contract.After 7-8 months working in our company and due to good performance we took them on Company Roll. Now those employees want to withdrawal their PF. One of them wrong information in PF Submission. When we told about it to the contractor, he is creating issue regarding placement charges and denying for fulfilling the PF formalities. while placement charges is another matter.
My Question are : 1. Can he hold the PF of the employee:
2. Can we PF withdrawal of the employee without him. if yes then what is the procedure ?
Please guide me.
Thanks & regards
Neha Vaish
Sharmila Das
Dear Ms. Neha Vaish,
Similiar sort of cases has been discussed earlier in thi forum. No employer has the right to stop the PF withdrawal. Employer can deny signing on the form but they are procedures on the same.
You can fill the form no.13 to open a new account for them and transfer the PF from the contractors to your company or can withdraw the amount by filling form 19& 10C.
To withdraw you need to fill the above forms and get attested by any Gazetted officer/ Bank manager, then send the copies to the Regional PF office. A letter attached informing the reason for the contractor not signing to the PF comission will also serve your purpose. The PF officer will verify the forms and have the amount released within 60 days from the date of submission of your forms.
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