Dear All,
My name is Anoop Chandran. I previously worked with HDFC SLIC as a Business Development Manager for 1.6 years. I resigned from the organization on the 12th of May. According to the company's policy, an employee must provide a 3-month notice period; otherwise, they will not receive any benefits afterward. Due to some unavoidable reasons, I am unable to give the notice. Last week, I contacted our HR person, and he informed me that the company has a private PF Fund and they will not provide PF to anybody who didn't work the notice period.
Could anyone please advise me on this matter? It's very urgent as almost 20 ex-employees are waiting for the query.
From India, Mumbai
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6My name is Anoop Chandran. I previously worked with HDFC SLIC as a Business Development Manager for 1.6 years. I resigned from the organization on the 12th of May. According to the company's policy, an employee must provide a 3-month notice period; otherwise, they will not receive any benefits afterward. Due to some unavoidable reasons, I am unable to give the notice. Last week, I contacted our HR person, and he informed me that the company has a private PF Fund and they will not provide PF to anybody who didn't work the notice period.
Could anyone please advise me on this matter? It's very urgent as almost 20 ex-employees are waiting for the query.
From India, Mumbai
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Dear,
First, check whether your previous employer has a separate trust. In your 1.6 years of service, have you received any PF challans (Form 27) and did you notice any separate organization name on them? If not, they do not have a separate trust. Regardless, no employer has the right to hold it. Please obtain signatures from competent individuals such as counselors or government-gazetted officials and submit the form to the regional PF office. If they do have a separate trust, it may be more complicated to proceed.
Regards,
Ram
From India, Madras
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First, check whether your previous employer has a separate trust. In your 1.6 years of service, have you received any PF challans (Form 27) and did you notice any separate organization name on them? If not, they do not have a separate trust. Regardless, no employer has the right to hold it. Please obtain signatures from competent individuals such as counselors or government-gazetted officials and submit the form to the regional PF office. If they do have a separate trust, it may be more complicated to proceed.
Regards,
Ram
From India, Madras
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Dear Anoop,
May be your query be solved by reading the following.
I am hereby putting some questions related to the Provident Fund. I think most of the queries will be solved by these. These questions are picked up from the Provident Fund Site itself.
FREQUENTLY ASKED QUESTIONS
1) Who will be covered by the Pension Scheme?
Every member of the ceased Family Pension Scheme 1971 and anyone who joins any covered establishment on or after 16-11-95 is compulsory to join this scheme, provided his/her salary/wage is less than Rs. 6500/- per month at the date of appointment.
2) What is a covered establishment?
A covered establishment is an establishment belonging to the class of industries/other establishments, which has been listed in the schedule appended to the Employees' Provident Fund and Miscellaneous Provisions Act 1952 and where 20 or more persons are employed.
3) If an employee was a Family Pension Scheme member. He/She has left on 13-12-93 and he/she is 54 years old. He/She has taken his withdrawal benefit. Can he/she join the new scheme?
Yes, by refunding withdrawal benefit together with interest. Thereafter, he/she will be entitled to receive a pension from age 58, if he/she completes at least 10 years of contributory service by then.
4) If an employee is a Family Pension Scheme Member and he/she has retired after 58 years of age on 15-01-94. Can he/she join the new scheme?
Yes, anyone who has retired by reaching age 58 between 01-04-93 and 15-11-95 may join the scheme by returning the withdrawal benefit along with interest. He will be paid a pension with immediate effect, from the date of exit provided he has rendered 10 years of contributory service.
5) If an employee is not a Family Pension Scheme member and he/she is 56 years of age, Can he/she join Family Pension?
Yes, by diverting from his/her Provident Fund balance, Family Pension Scheme contribution from the date of his/her joining or 01-03-71, whichever is later.
6) Whether the Family Pension Scheme member who has attended the age of 58 years before 01-04-93 and has left employment after 01-04-93 will be admitted to the scheme as a member of Family Pension Scheme, 1971?
Yes, he will be deemed to have retired after 01-04-93. On repayment of that withdrawal benefit which was paid, Pension will be paid from the same date, provided he has rendered 10 years of contributory service.
7) In case a Family Pension member has attained the age of 58 years between 01-04-93 and 16-11-95 then in that case whether arrears of monthly Member Pension become payable for the period earlier than 16-11-95 i.e. from the date of his/her attaining the age of 58 years which is prior to 16-11-95?
No, he/she will be deemed to have retired from 16-11-95 and pension paid accordingly.
Is an employee the only beneficiary of the Fund?
The benefit will be paid to him/her and in his/her absence to his/her family.
What is meant by Family?
Family means an employee's spouse and children below 25 years of age.
Suppose an employee does not have a Family and he/she dies before receiving the benefit. Does his/her pension get lost?
No, if he/she does not have a family, benefits will be paid to his/her nominee, who will receive the benefit in his/her absence.
Suppose a member has not nominated anyone.
The pension/ROC will be paid to the dependent parents.
Can a member change his/her nomination?
He/She can change his/her nomination whenever he/she decides within the framework of rules for such nomination. In other words, if he/she has a family, the nomination should be in favor of a member(s) of the family. If he/she has no family, he/she can nominate anyone he/she wishes.
How many years of service are required to be eligible to receive member pension?
A minimum of 10 years of eligible service will entitle for member pension.
Employee is a member of Employees' Pension Scheme. He/She has left employment at 48 yrs. of age and 8 yrs. of service. When shall he/she receive his/her pension?
He/She can take either withdrawal benefit or can take a scheme certificate so that the 8 years of service can be added to any future service that he/she may put in, in any other covered establishment. By virtue of being a holder of a scheme certificate, if the member dies before 58 years widow/widower and children shall be entitled to a pension.
What is past service pension?
This pension is for the period of membership of the Employees' Family Pension Scheme, 1971.
When does an employee become eligible to become a member of Employees' Provident Fund Scheme, 1952, and Employees' Deposit Linked Insurance Scheme, 1976?
An employee becomes a member of Employees Provident Fund (Employees' Provident Fund) Scheme, 1952/Employees Deposit Linked Insurance (Employees' Deposit Linked Insurance) Scheme, 1976 immediately on joining an establishment covered under the Employees Provident Funds & Miscellaneous Provision Act, 1952.
What is a nomination?
Every member has to give the details of himself & details of the nominee for Employees' Provident Fund & Employees' Deposit Linked Insurance Schemes and details of the family for Employees Pension Scheme, 1995 in form no. 2.
What are the periodical returns to be sent by an employer to the Provident Fund Office?
The employer of an un-exempted establishment has to forward the following returns. These returns will include details required under the three schemes namely, Employees Provident Fund Scheme, 1952, Employee Deposit Linked Insurance Scheme, 1976, and Employee Pension Scheme, 1995.
a) Form-9 (Revised):
The details of employees enrolled as members of Employees' Provident Fund '52, Employees' Deposit Linked Insurance '76 & Employees' Pension Scheme '95 on coverage of the establishment - This is to be submitted immediately after coverage, within 15 days of coverage.
b) Form-12A:
The details of the contributions recovered from the members & paid along with details of employers' contribution & administrative charges - This is to be submitted monthly by 25th of the following month.
c) Form-5:
The details of the employees enrolled newly to the Provident Fund - To be submitted along with Form-12A every month within 15 days of the following month.
d) Form-10:
The details of the employees leaving service during the month - To be submitted along with Form-12A.
e) Challans:
The triplicate copy of challans in token of having remitted the Provident Fund dues in the bank - to be submitted along with Form-12A every month.
f) Form-2 (Revised):
Nomination form - To be submitted along with Form-5/9.
g) Form-3A:
The details of wages & contributions in respect of each member, to be prepared financial year-wise - To be submitted to the Provident Fund office by 30th of April every year.
h) Form-6A:
Yearly consolidated statement of contributions - To be forwarded yearly along with Form-3A. It should be ensured that all the Form-3A are entered in Form-6A, irrespective of whether the Form-3A was forwarded for the broken period and the total dues as per the Form-12A for the whole year agree with the total of Form-6A within 30th April.
i) Form-5A:
Return of ownership of the establishment - To be forwarded immediately after coverage & whenever there is a change in the ownership, it has to be intimated within 15 days of change.
j) Specimen signature:
Specimen signature of the officer/officers who are authorized to sign the returns/documents relating to Provident Fund forwarded immediately after coverage & whenever there is a change in authorized officer.
What is the procedure to be followed by the member if the employer is not attesting his claim forms?
It is the duty of the employer under the Act & Scheme to help Employees' Provident Fund organization to settle the Provident Fund dues of his employees. He has to complete the prescribed application within 5 days of receipt [para72(5)] forms & hand over it to the member when he leaves the service. When a member finds it difficult to get the form attested by the employer, he can get the attestation of any of the following officers & send it to the Provident Fund office:
Manager of a bank.
By any gazetted officer.
Member of the Central Board of Trustees./committee/Regional Committee (Employees' Provident Fund Organization).
Magistrate/Post/Sub Post Master/President of Village Panchayat/Notary Public.
What is the mode of payment of Provident Fund and Employees' Deposit Linked Insurance dues?
Provident Fund & Employees' Deposit Linked Insurance dues are paid by money order/by deposit in payees' bank a/c/through the employer/by depositing the cheque in payees' name or part of the amount in the annuity scheme in any nationalized bank. Payment by money order is allowed where the amount is not more than Rs. 2000/-.
What are the modalities to be followed for payment through cheque?
The member has to open an account in the nationalized bank, scheduled bank, urban bank, or post office savings bank. He has to furnish the details of the bank a/c no. with the full address of the bank in the application form. An advance stamped receipt has also to be annexed in the form.
For the receipt of the pension
From India, Delhi
Acknowledge(0)Amend(0)
May be your query be solved by reading the following.
I am hereby putting some questions related to the Provident Fund. I think most of the queries will be solved by these. These questions are picked up from the Provident Fund Site itself.
FREQUENTLY ASKED QUESTIONS
1) Who will be covered by the Pension Scheme?
Every member of the ceased Family Pension Scheme 1971 and anyone who joins any covered establishment on or after 16-11-95 is compulsory to join this scheme, provided his/her salary/wage is less than Rs. 6500/- per month at the date of appointment.
2) What is a covered establishment?
A covered establishment is an establishment belonging to the class of industries/other establishments, which has been listed in the schedule appended to the Employees' Provident Fund and Miscellaneous Provisions Act 1952 and where 20 or more persons are employed.
3) If an employee was a Family Pension Scheme member. He/She has left on 13-12-93 and he/she is 54 years old. He/She has taken his withdrawal benefit. Can he/she join the new scheme?
Yes, by refunding withdrawal benefit together with interest. Thereafter, he/she will be entitled to receive a pension from age 58, if he/she completes at least 10 years of contributory service by then.
4) If an employee is a Family Pension Scheme Member and he/she has retired after 58 years of age on 15-01-94. Can he/she join the new scheme?
Yes, anyone who has retired by reaching age 58 between 01-04-93 and 15-11-95 may join the scheme by returning the withdrawal benefit along with interest. He will be paid a pension with immediate effect, from the date of exit provided he has rendered 10 years of contributory service.
5) If an employee is not a Family Pension Scheme member and he/she is 56 years of age, Can he/she join Family Pension?
Yes, by diverting from his/her Provident Fund balance, Family Pension Scheme contribution from the date of his/her joining or 01-03-71, whichever is later.
6) Whether the Family Pension Scheme member who has attended the age of 58 years before 01-04-93 and has left employment after 01-04-93 will be admitted to the scheme as a member of Family Pension Scheme, 1971?
Yes, he will be deemed to have retired after 01-04-93. On repayment of that withdrawal benefit which was paid, Pension will be paid from the same date, provided he has rendered 10 years of contributory service.
7) In case a Family Pension member has attained the age of 58 years between 01-04-93 and 16-11-95 then in that case whether arrears of monthly Member Pension become payable for the period earlier than 16-11-95 i.e. from the date of his/her attaining the age of 58 years which is prior to 16-11-95?
No, he/she will be deemed to have retired from 16-11-95 and pension paid accordingly.
Is an employee the only beneficiary of the Fund?
The benefit will be paid to him/her and in his/her absence to his/her family.
What is meant by Family?
Family means an employee's spouse and children below 25 years of age.
Suppose an employee does not have a Family and he/she dies before receiving the benefit. Does his/her pension get lost?
No, if he/she does not have a family, benefits will be paid to his/her nominee, who will receive the benefit in his/her absence.
Suppose a member has not nominated anyone.
The pension/ROC will be paid to the dependent parents.
Can a member change his/her nomination?
He/She can change his/her nomination whenever he/she decides within the framework of rules for such nomination. In other words, if he/she has a family, the nomination should be in favor of a member(s) of the family. If he/she has no family, he/she can nominate anyone he/she wishes.
How many years of service are required to be eligible to receive member pension?
A minimum of 10 years of eligible service will entitle for member pension.
Employee is a member of Employees' Pension Scheme. He/She has left employment at 48 yrs. of age and 8 yrs. of service. When shall he/she receive his/her pension?
He/She can take either withdrawal benefit or can take a scheme certificate so that the 8 years of service can be added to any future service that he/she may put in, in any other covered establishment. By virtue of being a holder of a scheme certificate, if the member dies before 58 years widow/widower and children shall be entitled to a pension.
What is past service pension?
This pension is for the period of membership of the Employees' Family Pension Scheme, 1971.
When does an employee become eligible to become a member of Employees' Provident Fund Scheme, 1952, and Employees' Deposit Linked Insurance Scheme, 1976?
An employee becomes a member of Employees Provident Fund (Employees' Provident Fund) Scheme, 1952/Employees Deposit Linked Insurance (Employees' Deposit Linked Insurance) Scheme, 1976 immediately on joining an establishment covered under the Employees Provident Funds & Miscellaneous Provision Act, 1952.
What is a nomination?
Every member has to give the details of himself & details of the nominee for Employees' Provident Fund & Employees' Deposit Linked Insurance Schemes and details of the family for Employees Pension Scheme, 1995 in form no. 2.
What are the periodical returns to be sent by an employer to the Provident Fund Office?
The employer of an un-exempted establishment has to forward the following returns. These returns will include details required under the three schemes namely, Employees Provident Fund Scheme, 1952, Employee Deposit Linked Insurance Scheme, 1976, and Employee Pension Scheme, 1995.
a) Form-9 (Revised):
The details of employees enrolled as members of Employees' Provident Fund '52, Employees' Deposit Linked Insurance '76 & Employees' Pension Scheme '95 on coverage of the establishment - This is to be submitted immediately after coverage, within 15 days of coverage.
b) Form-12A:
The details of the contributions recovered from the members & paid along with details of employers' contribution & administrative charges - This is to be submitted monthly by 25th of the following month.
c) Form-5:
The details of the employees enrolled newly to the Provident Fund - To be submitted along with Form-12A every month within 15 days of the following month.
d) Form-10:
The details of the employees leaving service during the month - To be submitted along with Form-12A.
e) Challans:
The triplicate copy of challans in token of having remitted the Provident Fund dues in the bank - to be submitted along with Form-12A every month.
f) Form-2 (Revised):
Nomination form - To be submitted along with Form-5/9.
g) Form-3A:
The details of wages & contributions in respect of each member, to be prepared financial year-wise - To be submitted to the Provident Fund office by 30th of April every year.
h) Form-6A:
Yearly consolidated statement of contributions - To be forwarded yearly along with Form-3A. It should be ensured that all the Form-3A are entered in Form-6A, irrespective of whether the Form-3A was forwarded for the broken period and the total dues as per the Form-12A for the whole year agree with the total of Form-6A within 30th April.
i) Form-5A:
Return of ownership of the establishment - To be forwarded immediately after coverage & whenever there is a change in the ownership, it has to be intimated within 15 days of change.
j) Specimen signature:
Specimen signature of the officer/officers who are authorized to sign the returns/documents relating to Provident Fund forwarded immediately after coverage & whenever there is a change in authorized officer.
What is the procedure to be followed by the member if the employer is not attesting his claim forms?
It is the duty of the employer under the Act & Scheme to help Employees' Provident Fund organization to settle the Provident Fund dues of his employees. He has to complete the prescribed application within 5 days of receipt [para72(5)] forms & hand over it to the member when he leaves the service. When a member finds it difficult to get the form attested by the employer, he can get the attestation of any of the following officers & send it to the Provident Fund office:
Manager of a bank.
By any gazetted officer.
Member of the Central Board of Trustees./committee/Regional Committee (Employees' Provident Fund Organization).
Magistrate/Post/Sub Post Master/President of Village Panchayat/Notary Public.
What is the mode of payment of Provident Fund and Employees' Deposit Linked Insurance dues?
Provident Fund & Employees' Deposit Linked Insurance dues are paid by money order/by deposit in payees' bank a/c/through the employer/by depositing the cheque in payees' name or part of the amount in the annuity scheme in any nationalized bank. Payment by money order is allowed where the amount is not more than Rs. 2000/-.
What are the modalities to be followed for payment through cheque?
The member has to open an account in the nationalized bank, scheduled bank, urban bank, or post office savings bank. He has to furnish the details of the bank a/c no. with the full address of the bank in the application form. An advance stamped receipt has also to be annexed in the form.
For the receipt of the pension
From India, Delhi
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Hi Anoop, Once you settle your negative settlement with the company, no company can your giving you the PF amount as it is deducted from your CTC even though it is a private trust..
From India, Mumbai
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From India, Mumbai
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Employee Benefits.doc