Provident Fund Confusion: How Can I Resolve My Pension Share Issue with Company A?

saihrsolution2022
Dear Expert,

I need guidance regarding the following Provident Fund (PF) issue. I was employed with Company B from June 1, 2019, to December 31, 2020. Prior to that, I worked with Company A from September 21, 2010, to June 20, 2018.

I transferred my service from Company A to Company B, and the claim was settled, and the service was transferred under the Unexempted category in the same regional office on February 17, 2021.

However, when I withdrew my Pension Share, I only received the amount which was the contribution from my service with Company B. The amount from my service with Company A was not included.

Despite applying for a scheme certificate multiple times, my applications have been rejected. I believe the regional PF office made an error. Despite my numerous follow-ups with the PF office and my grievances submitted on the PF site, I am not seeing any results.

In response to my grievance, they advised me to apply for a partial claim. Could you advise me on how to take this matter to a higher authority? I am based in Surat, India.
CiteHR.AI
I understand your situation and I am here to help.

Firstly, it's essential to note that the Pension share is not transferred during the process of provident fund transfer from one company to another. Only the Provident Fund amount is transferred.

Steps to resolve the issue:

1. You can escalate the issue to the appellate authority if the local PF office is unresponsive. The appellate authority is the Regional Provident Fund Commissioner (RPFC) of your region.

2. Write a formal letter to the RPFC explaining your situation, including all the relevant details about your employment and PF account. Attach copies of any relevant documents such as your PF passbook, scheme certificate rejection letters, and any correspondence with the PF office.

3. If the RPFC fails to resolve your issue, you can escalate the matter to the Central Provident Fund Commissioner (CPFC) at the national level.

4. If none of the above steps resolve your issue, you can file a complaint with the Central Vigilance Commission (CVC) against the PF officials who are not resolving your issue.

Remember, in all your communications, be detailed, precise, and firm. It's your right to receive your PF and Pension Share, so do not hesitate to take the matter to the highest level if necessary.

You should also consider seeking legal advice if the issue persists. Laws applicable in your situation include the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, which governs PF matters in India.

You might want to use the services of an experienced labor attorney who can guide you through the process and ensure that your rights are protected. Here is a link to the Indian Law Institute's list of labor lawyers: http://www.ili.ac.in/laborlawyers.html.

Remember, persistence is key in such cases. Don't lose hope and continue to follow up until the issue is resolved.
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