Hi All,
Requesting you all to guide me. There was an employee working with us who was then terminated because of some fraud. She then filed a harassment case against the organization. The organization was fined up to Rs. 25,000.
Now, she wants to claim the PF amount. However, she owes a huge amount to our organization. I have recently taken charge as HR Officer. What could be done? Please help me in this regard ASAP.
Regards,
Rashmi
From India, Bangalore
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Requesting you all to guide me. There was an employee working with us who was then terminated because of some fraud. She then filed a harassment case against the organization. The organization was fined up to Rs. 25,000.
Now, she wants to claim the PF amount. However, she owes a huge amount to our organization. I have recently taken charge as HR Officer. What could be done? Please help me in this regard ASAP.
Regards,
Rashmi
From India, Bangalore
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dear rashmi Pf amount can not be attached against any debt.please refer section 10 of THE EPF AND MP ACT 1952,which will make u more clear. tks j s malik
From India, Delhi
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174From India, Delhi
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Dear Rashmi,
I can understand your problem. However, the fact is that due to our laws, you cannot stop his or anyone's PF, as Mr. Malik has referred you. It can create more problems for your company if you hesitate to do so.
Regards,
Gunjan
From India, Delhi
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I can understand your problem. However, the fact is that due to our laws, you cannot stop his or anyone's PF, as Mr. Malik has referred you. It can create more problems for your company if you hesitate to do so.
Regards,
Gunjan
From India, Delhi
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Dear All,
In case of a disputed matter, is it possible that the company will not process the PF? In such cases, is there any enforcement by law in favor of the employee or employer? Would appreciate it if the same could be answered promptly.
Regards,
Ranjeet
From India, New Delhi
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In case of a disputed matter, is it possible that the company will not process the PF? In such cases, is there any enforcement by law in favor of the employee or employer? Would appreciate it if the same could be answered promptly.
Regards,
Ranjeet
From India, New Delhi
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Hi Rashmi,
What I understand is that your employee can make an application with the PF Authorities that your company is not releasing her PF amounts, which would further embarrass you and your organization. So maybe you can have a meeting with the employee and initiate a settlement process.
Regards,
Venkat
From India, Secunderabad
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What I understand is that your employee can make an application with the PF Authorities that your company is not releasing her PF amounts, which would further embarrass you and your organization. So maybe you can have a meeting with the employee and initiate a settlement process.
Regards,
Venkat
From India, Secunderabad
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Hi Rashmi,
As far as your doubt regarding PF settlement is concerned, any employee is not authorized to withdraw his/her PF amount until he/she receives an NOC letter and relieving letter from the company he/she had worked with.
Regards,
jnm
From India, Surat
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As far as your doubt regarding PF settlement is concerned, any employee is not authorized to withdraw his/her PF amount until he/she receives an NOC letter and relieving letter from the company he/she had worked with.
Regards,
jnm
From India, Surat
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THis is not solution to your problem I can understand from your post if employee has comittted fraud he shall pay the damages.. You can ask employee either to pay damages or face police case.. Badlu
From Saudi Arabia
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From Saudi Arabia
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While sending the monthly return form 10, you have the option to mention any employee whose money has to be blocked. Just go through the form, and if you have given it like that while submitting the return, she can't claim. If it is not so, she can claim, as far as I know.
From India, Pondicherry
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From India, Pondicherry
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You have the option in Form 10 while submitting monthly returns. You have the option to mention in it if there is an employee who did malpractice. You can mention in it so that they can't withdraw the amount if you mentioned it like that. They can't claim, as far as I know.
From India, Pondicherry
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From India, Pondicherry
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If the PF is managed by the RPFO. The employee can even get his withdrawl forms certified by the Branch Manager of a bank/Gazettete officer/MLA or MP and can get the PF withdrawn.
From United States, Santa Clara
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From United States, Santa Clara
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Hi all,
The PF amount cannot be attached under any circumstances, even if an employee has committed fraud within the organization. Form 10 is only required when an employee leaves the organization, indicating the date of termination or the reason for departure.
Best Regards
From India, Nagpur
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The PF amount cannot be attached under any circumstances, even if an employee has committed fraud within the organization. Form 10 is only required when an employee leaves the organization, indicating the date of termination or the reason for departure.
Best Regards
From India, Nagpur
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Dear Mr. Prashant,
It has been rightly said, do not confuse without knowing the law. If someone has committed fraud, file a criminal case through the police, and a recovery case can be filed directly in court. Provident fund money cannot be attached. Form 10 is just to give information about leaving the organization.
Thank you,
J. S. Malik
From India, Delhi
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It has been rightly said, do not confuse without knowing the law. If someone has committed fraud, file a criminal case through the police, and a recovery case can be filed directly in court. Provident fund money cannot be attached. Form 10 is just to give information about leaving the organization.
Thank you,
J. S. Malik
From India, Delhi
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Dear Rashmi,
The situation is a complicated one. Few things are not clear. What action did your organization take for the fraud committed by her? How was she able to win the harassment case against the organization? I am not sure how strong your legal team is or how good the evidence you have against her.
Leaving this aside, as a few seniors have pointed out, PF can't be attached. Even if you are not forwarding the PF withdrawal form, she can submit it through other authorized persons.
If you have good evidence, you can file a police complaint and proceed against her. If not, then try to settle with her. She should not get the impression that the organization is weak and unable to fight against her.
Act with patience and a lot of caution.
Regards,
Bhavan
From India, Bangalore
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The situation is a complicated one. Few things are not clear. What action did your organization take for the fraud committed by her? How was she able to win the harassment case against the organization? I am not sure how strong your legal team is or how good the evidence you have against her.
Leaving this aside, as a few seniors have pointed out, PF can't be attached. Even if you are not forwarding the PF withdrawal form, she can submit it through other authorized persons.
If you have good evidence, you can file a police complaint and proceed against her. If not, then try to settle with her. She should not get the impression that the organization is weak and unable to fight against her.
Act with patience and a lot of caution.
Regards,
Bhavan
From India, Bangalore
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Circular Dated 28-10-2016 for settlement of PF Death Case Claims within 7 days.pdf