Worried About Withheld Salary and Absconding Status: Can I Still Access My PF?

Dear Sir, I joined a private organization in July 2014. I was on a probation period for 6 months with a notice period of 15 days. In August, I got a government job, so I submitted my resignation with a 15-day notice period. The private organization asked me to continue my duty, but since I wasn't interested, I refused and proceeded with my resignation. Consequently, they withheld my salary for the previous month.

It recently came to my attention that although I completed my notice period, they have not cleared my past salary, and they are planning to withhold my salary for this month as well. Due to this, I did not complete the last 5 days of the notice period. I am concerned if the company will list me as absconding. The only issue is that they withheld my previous month's salary without any valid reason.

If they do put me on the absconding list, will I be able to withdraw my PF since I have already transferred my PF?

Regards,
Nabil Mogal
[Phone Number Removed For Privacy Reasons]

Absconding and Its Impact on Final Settlement

After resignation, an absconding letter does not carry any value. They can deduct the last 5 days' salary from your Full and Final (FNF) settlement. Kindly review your termination clause.

Provident Fund (PF) Withholding

Regarding the Provident Fund (PF), the company cannot withhold any employee's PF.

Regards

You have worked for the company for less than a month. You have not completed your notice period (which was as low as 15 days). What difference does their action actually make to you? Are you planning to put this as experience in your CV? If not, why are you worrying about them putting you on the absconding list?

As for salary, by law, they are required to pay you after deducting the amount equal to the short notice. But if they don't, why even bother? Don't waste time pursuing it. The time it takes will create a problem for you in your new job.

Regarding your query about PF, I am not clear. If you have transferred it, then how can you withdraw it?

It is a fact that the company cannot withhold your EPF dues under the relevant Act. You have to make an application in the prescribed form for final withdrawal, and you may get the same. The application, as per the rules, is to be made to the Regional EPF Commissioner.

As regards your pay in the private company, I am of the view that you need not hanker after the same. Once you have tendered your resignation, you cannot be considered an absconder.

Thanks and regards,
S.K. Johri