Can Absconded Employees Claim Their PF Funds? Seeking HR and Legal Insights

Question on PF Claim for Absconded Employees

I have a question here, and I want all our expert fellow HR and Legal professionals to address the query. Can an employee who has absconded from the services claim his PF accumulated fund? Can he approach the labor court regarding this matter, and what are his chances of winning?

Dear HR Members, we are also facing the same issue with one of the staff. Can an employee claim his PF even after absconding from the services?

Regards,
Arun Kumar.

Thank you so much, Mrugen Vyas. It would be of great help if you could guide me through an article that speaks about absconders and the right to claim PF.

Regards,
Mike

You are right, my friend. PF claiming cannot be stopped by the organization. We had a similar issue, but we could not stop the employee from claiming the PF amount directly from the PF department.

[QUOTE=Mike045;2155746]
I have a question here, and I want all our expert fellow HR & Legal professionals to address the query. Can an employee who absconded from the services claim his PF accumulated fund? Can he approach the labor court in this regard, and what are his chances of winning?

Mike, these are two separate issues. The employee has contributed to his PF and has a right to claim it. If he has absconded, it is a case of indiscipline, and action has to be taken as per relevant rules. The two issues cannot be mixed!

Absconding by itself implies that the employee has just not reported for duty. So, he is obviously not being paid for that absence. If his absence has caused a break in work and/or production, then it can be held against him up to a certain point where he is declared an absconder. Thereafter, it should be up to the management to replace him. However, if he has absconded with company property, then a case of theft can possibly be made out, and the same will have to be followed up through the process of law.

Even if convicted, the PF cannot automatically be weighed against the theft of company property. He will be levied a separate fine for the theft. He will have to be paid his PF dues.

Good luck to you.

Colonel J Gahlot
Proprietor
'TRURECRUIT'

PF is claimable irrespective of abscondment. There is no need to approach the LC since the PF Office itself would sanction it.

To withdraw PF, we need the signature and stamp of the organization. Why would they sign if we abscond from the company?

I am a fresher working at Wipro. It's been 5 months since I started here. Now, I have received a job offer elsewhere and plan to join that company because I want to work in that profile. I have been trying to submit my resignation for the last 3 weeks, but there was an issue with my ID which prevented me from doing so. My joining date at the new company is on 1st December, but Wipro has not relieved me yet. I have submitted my resignation, but I will not be able to serve the entire notice period. Will this be considered as absconding? Also, can I withdraw my PF? I don't need an experience letter from the company; I just need my PF.

Regards,
Surbhi