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. As per the company's policy, employees are required to give a 3-month notice period; otherwise, they will not receive any benefits thereafter. Due to some unavoidable reasons, I was unable to provide this notice.
Last week, I contacted our HR person, and he informed me that the company has a private PF fund and they will not disburse PF to individuals who did not complete the notice period.
I am seeking advice on this matter as it is urgent. Approximately 20 ex-employees of HDFC SLIC are awaiting clarification.
From India, Mumbai
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6Last week, I contacted our HR person, and he informed me that the company has a private PF fund and they will not disburse PF to individuals who did not complete the notice period.
I am seeking advice on this matter as it is urgent. Approximately 20 ex-employees of HDFC SLIC are awaiting clarification.
From India, Mumbai
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Hi Anoop,
No company can stop the PF. But if you signed any docs related to PF, then it may be a sensitive issue. If you know any (Gaztd. officer, princpl), then it is possible that your PF would be clear because he has the authority to sign the PF form.
Thank you.
From India, Delhi
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No company can stop the PF. But if you signed any docs related to PF, then it may be a sensitive issue. If you know any (Gaztd. officer, princpl), then it is possible that your PF would be clear because he has the authority to sign the PF form.
Thank you.
From India, Delhi
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Dear Anoop,
First, there is no such thing as private PF. All collections from employees and employers have to be deposited in SBI on behalf of the Provident Fund department.
Secondly, an employee is not legally bound to serve a three-month notice, but he has to give one month's prior notice for a job change. However, if there are any issues, the employer may not require the one-month notice as well.
You can directly obtain Form 19 and 10C from the market and have them duly signed by an authorized member of the company. You can then submit them directly to the PF office.
Thirdly, you can contact any PF inspector regarding this issue or visit the EPFO site and submit a written complaint against them.
I hope this information will help you.
Regards,
Ranjeet
From India, New Delhi
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First, there is no such thing as private PF. All collections from employees and employers have to be deposited in SBI on behalf of the Provident Fund department.
Secondly, an employee is not legally bound to serve a three-month notice, but he has to give one month's prior notice for a job change. However, if there are any issues, the employer may not require the one-month notice as well.
You can directly obtain Form 19 and 10C from the market and have them duly signed by an authorized member of the company. You can then submit them directly to the PF office.
Thirdly, you can contact any PF inspector regarding this issue or visit the EPFO site and submit a written complaint against them.
I hope this information will help you.
Regards,
Ranjeet
From India, New Delhi
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Hey Anoop,
No one can stop your PF amount. You don't need to worry about that. You can directly purchase Form 19C and Form 10 and submit them at the PF office. You will get your claim.
But one thing, are you sure that the amount your company was deducting from your salary was going towards PF only? I mean, do you have any salary slip or any other written proof stating the specific amount of PF being deducted from your salary? Or something similar?
From India, New Delhi
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No one can stop your PF amount. You don't need to worry about that. You can directly purchase Form 19C and Form 10 and submit them at the PF office. You will get your claim.
But one thing, are you sure that the amount your company was deducting from your salary was going towards PF only? I mean, do you have any salary slip or any other written proof stating the specific amount of PF being deducted from your salary? Or something similar?
From India, New Delhi
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Dear Friends,
Thank you for your suggestions and advice.
Yes, I have the salary slip, and it clearly mentions that Rs. 947 is deducted for PF, which totals almost Rs. 11,500 in a year. I have the hard copy in my hand. However, the HR person is saying that it's not possible, and the amount of PF deducted by every employee is saved in the PF trust by HDFC. This information is also mentioned in the employment letter. Additionally, they are not willing to provide the service letter because of the same reason (3 months notice).
Once again, thank you all.
From India, Mumbai
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Thank you for your suggestions and advice.
Yes, I have the salary slip, and it clearly mentions that Rs. 947 is deducted for PF, which totals almost Rs. 11,500 in a year. I have the hard copy in my hand. However, the HR person is saying that it's not possible, and the amount of PF deducted by every employee is saved in the PF trust by HDFC. This information is also mentioned in the employment letter. Additionally, they are not willing to provide the service letter because of the same reason (3 months notice).
Once again, thank you all.
From India, Mumbai
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Dear ones,
I contacted one of my friends who is an advocate for advice on my PF, which is pending from three companies as nobody merged the previous ones. Today, he advised me to get the filled-up forms 19c and 10 signed by the Bank Manager where I hold my savings account in my locality, in case if the company's authority doesn't sign or delays.
I just want to know, is there a provision like this?
Best regards,
Parvez
From India, Madras
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I contacted one of my friends who is an advocate for advice on my PF, which is pending from three companies as nobody merged the previous ones. Today, he advised me to get the filled-up forms 19c and 10 signed by the Bank Manager where I hold my savings account in my locality, in case if the company's authority doesn't sign or delays.
I just want to know, is there a provision like this?
Best regards,
Parvez
From India, Madras
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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 compulsorily 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 the 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 the 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 the 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 are prior to 16-11-95?
No, he/she will be deemed to have retired from 16-11-95, and the pension paid accordingly.
:cool: Is the employee the only beneficiary of the Fund?
Benefits will be paid to him/her and in his/her absence to his/her family.
9) What is meant by Family?
Family means an employee's spouse and children below 25 years of age.
10) Suppose an employee does not have a Family, and he/she dies before receiving benefits. 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.
11) Suppose a member has not nominated anyone.
The pension / ROC will be paid to the dependent parents.
12) 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.
13) How many years of service are required to be eligible to receive member pension?
A minimum of 10 years of eligible service will entitle to a member pension.
14) An employee is a member of the Employees' Pension Scheme. He/She has left employment at 48 years of age and 8 years of service. When shall he/she receive his/her pension?
He/She can take either a 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.
15) What is past service pension?
This pension is for the period of membership of the Employees' Family Pension Scheme, 1971.
16) 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.
17) What is 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 family for Employees Pension Scheme, 1995 in form no. 2.
A member if having a family can nominate any one or more persons to receive the Provident Fund on his death. In case of him having no family he can nominate any other person.
Family for the purpose of Employee Provident Fund Scheme '52 means wife/husband, children, whether married or unmarried, including adopted children if adoption is recognized and dependant parents of the member.
Employees Deposit Linked Insurance Scheme benefit will be paid to the nominee under Employees Provident Fund Scheme, 1952.
For the purpose of Employees Pension Scheme, 1995 the member has to furnish the details, such as name, relationship & age of all the family members in the form no. 2. Family for the purpose of Employees Pension Scheme, 1995 means wife/husband & children. Whenever a member wants to make a change in the nomination already made for Provident Fund, or to update the details of family for Employees Pension Scheme, 1995, he has to send a revised form no. 2. The form no. 2 is routed through the employer.
18) 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 agrees 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.
19) 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:
1. Manager of a bank.
2. By any gazetted
From India, Delhi
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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 compulsorily 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 the 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 the 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 the 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 are prior to 16-11-95?
No, he/she will be deemed to have retired from 16-11-95, and the pension paid accordingly.
:cool: Is the employee the only beneficiary of the Fund?
Benefits will be paid to him/her and in his/her absence to his/her family.
9) What is meant by Family?
Family means an employee's spouse and children below 25 years of age.
10) Suppose an employee does not have a Family, and he/she dies before receiving benefits. 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.
11) Suppose a member has not nominated anyone.
The pension / ROC will be paid to the dependent parents.
12) 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.
13) How many years of service are required to be eligible to receive member pension?
A minimum of 10 years of eligible service will entitle to a member pension.
14) An employee is a member of the Employees' Pension Scheme. He/She has left employment at 48 years of age and 8 years of service. When shall he/she receive his/her pension?
He/She can take either a 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.
15) What is past service pension?
This pension is for the period of membership of the Employees' Family Pension Scheme, 1971.
16) 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.
17) What is 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 family for Employees Pension Scheme, 1995 in form no. 2.
A member if having a family can nominate any one or more persons to receive the Provident Fund on his death. In case of him having no family he can nominate any other person.
Family for the purpose of Employee Provident Fund Scheme '52 means wife/husband, children, whether married or unmarried, including adopted children if adoption is recognized and dependant parents of the member.
Employees Deposit Linked Insurance Scheme benefit will be paid to the nominee under Employees Provident Fund Scheme, 1952.
For the purpose of Employees Pension Scheme, 1995 the member has to furnish the details, such as name, relationship & age of all the family members in the form no. 2. Family for the purpose of Employees Pension Scheme, 1995 means wife/husband & children. Whenever a member wants to make a change in the nomination already made for Provident Fund, or to update the details of family for Employees Pension Scheme, 1995, he has to send a revised form no. 2. The form no. 2 is routed through the employer.
18) 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 agrees 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.
19) 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:
1. Manager of a bank.
2. By any gazetted
From India, Delhi
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As per the discussion i had with our statutory department the employer has no right to hold your PF. so you please write a letter to concern regional PF commissioner office.
From India, Madras
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From India, Madras
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PF Calculation Sheet To The Subscribers At the Time Of Provident Fund Withdrawal.pdf
Employee Benefits.doc