Can I Ask My Employer To Settle My Past Dues By Deduction From My PF

anksp
Hi,
I have left an organisation 9 months back, now the organisation is claiming dues of 40K , i have asked them to settle the dues from my PF and release the rest to me.
Its a private PF trust , so i believe the same is possible , however the firm is saying that they are not allowed to do it.
Please advise
Ankit
younglad
Hi,
Tell them you are willing to send authorization letter to settle dues with your organisation to the trustees of your PF trust. and see. I know of a specific case where it has worked so I presume it can be done.
Hope it helps
anil.arora
Definitely you can request your employer for settlement by authorising them as suggested by Mr Robin above.
But one thing which is really important to understand here is about 'dues of Rs 40K' that they are asking to pay, though you already have left your organization 9 months back.
Hope you have left your organization by following proper procedure of Resignation & Notice.
Please share the required details with community so that you can get appropriate responses.
anksp
Hi,
Thanks for your comments. The dues are regarding the notice period shortfall ,when i left the organisation i was told the notice period has been waived off , but now the finance team is saying they had got intimation from HR about the notice period recovery. All the processes went out smoothly during exit,but now this issue has come up. I did try to clarify but the HR says that i have to pay up. Its partially my mistake as i didn't have written proof and went on the words of the partner.
I am now ready to settle the dues from PF , but the firm is saying that its not allowed through PF due to laws , are there any such restrictions in place ?, specially for Private trusts.
Thanks,
Ankit
M SESHADRI
Ankit
Did you receive a formal resignation acceptance letter.
Verbal confirmations do not matter. If this is what the employment rules state, it will be so. Further they will not agree to your request. If PF is withdrawn before 58 years of age, the receipt will be taken into account for tax computation. In such cases, you may be asked to pay upfront before PF settlement.
anksp
Hi,
I do have resignation acceptance letter , and completed all the exit formalities as well. This claim came across when i asked for PF withdrawal.
Initially the payroll team agreed to the same and directed the PF team to deduct the amount from the PF. But PF team then refused, I believe its illegal for company to withhold the PF for any reason, am i right ?
Since if its adjusted with the PF deduction there will be no cash outgo hence i thought of not pursuing the pending recovery matter , but if its not possible then i will challenge the same to logical conclusion.
Thanks,
Ankit
anksp
Also i believe they are not authorized to hold back my PF in any circumstances ? , that's not allowed as well..am i right ? . i can then push them to release my PF.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute