Can The PF Account Be Transferred With Out The Previous Employers Knowledge?

Dear,
1,Unless your PF fund is from own trust- don’t have rights to stop the PF transfer.
2,You can take a legal action on the employee - Sent a notice for both employee
employer.
3,Intimation abt the Emp to his current organization
In most corporate reliving letter from previous organization imp in JF, if this mandatory means particular Emp vil approach you - while that time you can as him to complete his F&F.
* As a HR their no revenge attitude - serve for the organization as per policy

Transfer of EPF can be done without the knowledge of the previous employer. Form 13 for transfer of EPF account is to be submitted to the current employer only. He will sign an forward to the RPFC concerned. Hence the previous employer does not come into the picture at all unless it is an exempted EPF.

u have the option in Form 10 "Certified that the member mentioned at seriol No._____ Shri _____________ was dismissed for serious and willful misconduct. I recommend
that the Employer's contribution for ____________ should be forfeited from the account in the fund. A copy of the order of dismissed
is enclosed."
u can follow this one here after so that u can teach lesson for this kind of person

Dear all,
I want to add one more point here,the Provident Fund can not be withheld, but you can delay it,please note the points of Mr.KRM Rao,which is quite right, if you dont relieve him from services in the musteroll, he is not able to get the P.F.Dues , if someone on the roll of previous Company he can not transfer his P.F. accumulations untill and unless the report in Form 10 sent to P.F.office mentioning he have resigned from services by previous employer.
SHISH RAM UNIYAL
09811681660

Dear All
Let me clarify once again. After intimation if the employer does not send form 13 then PF commissioner can definitely transfer the amount.
If the contribtion is for less than 6 months then even form 13 is not mandatory.
Kind regards
Dayanand L Guddin

Transfer of PF accumuation from one employer to another is provided under the PF Act & Scheme and the same is effected through FORm No. 13 under the PF Act. The present employer submit one copy of Form No. 13 to PF authorities directly and another copy is sent to previous employer who in turn supposed to verify the details mentioned in the form and has to authoticate it by returning to PF authorities. THIS IS BEING A STATUTORY REQUIREMENT UNDER THE SCHEME ONE HAS TO ATTEND TO IT or else PF authorities may take appropriate action against the employer for not follwoing the rules under the scheme.
Bond is not legally valid for continuation in the employment. For giving training or enhancing the knowledge of the meployee, even if an employer has incurred any expenses, the employer can not legaly enter in to such bond except for liquidated damages.
For retation of employees you will have to find the reasons of leaving the services .

Mr. Dayanand L Guddin has given absolute professional advise and I recommend the same to be followed if management is willing to make outlaw guy to realise the agony of such behaviour and at the most when he is holding position of responsibility in the company. Hope the matter should be closed now.
S. Wadhwa

hi,
for critical position,you can ask them sign NDA,thru which you can make the employee legally liable.
Regards
wesly

Hi All,
First is PF cant be held for any reason and second is PFcant be transferred without knoledge of Previous employer because emplyer has to sign form13.
you can send legal notice to the left employee.

Hi all

1. The Employer must submit a return of members leaving service during the month in Form 10.
2. In your case the employee had resigned and left service and joined in another organisation and continuing to be a PF member with new PF A/c No.
3. As per Form 13 (Revised) he can get the PF accumulated amount be transfered with out the previous employer signature, and get it transfered to the new PF A/c, as he already submitted Form 2 i.e. declaration form.
4. Weather the employer had accepted his resignation or not that stands as a dispute between the employer and the employee who had left, for the said reason he can not with hold submission of Form 10, showing the facts of employee leaving service. Suppression of facts is illegal as per law.
5. If the employee had not submitted his one month notice, nor paid one month notice pay to the employer as per the terms of the appointment order, it stands as a dispute between either parties and the employer can lodge a legal notice and lead the employee to court of law for getting justice seeking damages that he under went .
6. Hence PF transfer can not be with held or be stopped from transfer to the new A/c of the employee who had left his service.

Mohan Rao
Manager HR