I was working in a private company since December 2010. I was suffering from some disease, so I was not able to go to work for one month, i.e., in February 2012. Therefore, my company did not pay me the salary for the month of January 2012 as I was at home.
Now, due to some reasons, I have resigned from the company. I want to withdraw my PF (Provident Fund). I consulted the consultant who handles all the related work for the company. He informed me that he was instructed by the company to mark me as absent in the PF form. This implies that my resignation is not accepted. However, I have emailed them and have not received my salary since January 2012.
So, can't I withdraw my PF? Please help.
From India, Ahmadabad
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Now, due to some reasons, I have resigned from the company. I want to withdraw my PF (Provident Fund). I consulted the consultant who handles all the related work for the company. He informed me that he was instructed by the company to mark me as absent in the PF form. This implies that my resignation is not accepted. However, I have emailed them and have not received my salary since January 2012.
So, can't I withdraw my PF? Please help.
From India, Ahmadabad
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Hello, You can certainly withdraw your PF. Your consultant should guide you on the same. Let me know in which Form you are marked as absent.
From India, Thana
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16From India, Thana
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I had talked to the consultant, but he is not telling me anything clearly. Is it possible that the company continues to contribute (PF amount... 600 was paid by me and another 600 by the company)? So, is it possible that the company can take their contribution part when I have resigned? The consultant says he was instructed to mark me absent. I think he was talking about the form in which there is a list of all employees for whom PF is deducted, along with other information like basic, gross salary, and net salary. I used to sign only in this form.
Kindly advise. My company people are not kind. They will never wish that I get my PF money.
Thanks,
Samir
[Phone Number Removed For Privacy Reasons]
From India, Ahmadabad
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Kindly advise. My company people are not kind. They will never wish that I get my PF money.
Thanks,
Samir
[Phone Number Removed For Privacy Reasons]
From India, Ahmadabad
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You mentioned that you were on leave for a month due to health issues and later resigned from your job. I want to know whether you informed your Employer/Boss/Supervisor/Team Leader or any HR personnel about your inability to come to the office for any reason.
What I understand from your query is that you were on leave without informing them about your illness, and later you resigned because your employer marked you absent, which resulted in not receiving your salary for that month. This made you feel bad. However, the employer has the right to mark you absent and withhold your salary. Since you were informed about being marked absent, it implies you have not earned the salary for this month (January 2012), and consequently, no EPF deduction has been made. They are correct in their actions.
Secondly, your resignation not being accepted implies that you are still considered an employee but declared absconded or absent from duty, which is another problem. To claim EPF, an employee must resign from the job, which is a legal requirement according to the EPF Act.
Lastly, I suggest you speak to your Boss/Supervisor/HR personnel about this issue and inquire what they want you to do to get exit clearance (Acceptance of Resignation).
It also seems that you have not reviewed the Terms & Conditions of your Employment Letter and are unaware of the Notice Period or conditions of separation of employment.
Regards.
From India, Gurgaon
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What I understand from your query is that you were on leave without informing them about your illness, and later you resigned because your employer marked you absent, which resulted in not receiving your salary for that month. This made you feel bad. However, the employer has the right to mark you absent and withhold your salary. Since you were informed about being marked absent, it implies you have not earned the salary for this month (January 2012), and consequently, no EPF deduction has been made. They are correct in their actions.
Secondly, your resignation not being accepted implies that you are still considered an employee but declared absconded or absent from duty, which is another problem. To claim EPF, an employee must resign from the job, which is a legal requirement according to the EPF Act.
Lastly, I suggest you speak to your Boss/Supervisor/HR personnel about this issue and inquire what they want you to do to get exit clearance (Acceptance of Resignation).
It also seems that you have not reviewed the Terms & Conditions of your Employment Letter and are unaware of the Notice Period or conditions of separation of employment.
Regards.
From India, Gurgaon
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I was absent for the month of February 2012 and had informed them about my health problem. I didn't ask for any compensation. I just asked for the salary of January 2012, which they had not given me. I resigned in March 2012. So, my point is, even after my resignation, my company is marking me absent for the month of March (as told by the company's consultant). For the notice period, there is no such requirement in the present company. People come and leave; none of my concern.
Query Regarding Absenteeism and Provident Fund Application
My query is, does my company have the right to show me as absent forever, even after my resignation? (as they may not wish me to receive my money) And can't I apply for PF?
Thanks & Regards,
Samir
From India, Ahmadabad
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Query Regarding Absenteeism and Provident Fund Application
My query is, does my company have the right to show me as absent forever, even after my resignation? (as they may not wish me to receive my money) And can't I apply for PF?
Thanks & Regards,
Samir
From India, Ahmadabad
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As you mentioned that you resigned in the month of March, there is an issue regarding the withdrawal of your PF. You require the signature of your employer on forms 19 and 10C for this process. How do you plan to proceed when your employer is unwilling to acknowledge your resignation?
Thank you.
From India, Bhopal
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Thank you.
From India, Bhopal
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Certainly, you can fill your PF Claim Form after 2 months from the date of leaving. If the company refuses to fill the PF Claim Form, you can directly go to the Labour Court.
With Regards,
Bhanu
Executive - HR
Mob - [Phone Number Removed For Privacy Reasons]
From India, New Delhi
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With Regards,
Bhanu
Executive - HR
Mob - [Phone Number Removed For Privacy Reasons]
From India, New Delhi
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