Hi friends,
Just wanted your opinion, or rather guidance on certain aspects of PF claim:
1. Can the employee who was terminated apply for their PF?
2. How can we claim the pending amount to be paid by that employee before approving her PF form?
If you have any details and documents regarding various such cases, could you please send them across?
Please send them to me at
.
Thanks
From India, Mumbai
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1Just wanted your opinion, or rather guidance on certain aspects of PF claim:
1. Can the employee who was terminated apply for their PF?
2. How can we claim the pending amount to be paid by that employee before approving her PF form?
If you have any details and documents regarding various such cases, could you please send them across?
Please send them to me at
Thanks
From India, Mumbai
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HI Lalitha, 1) Yes Even the terminated employee can apply for the PF refund. Any employee is resigned, retired or terminated can avail their PF fund. 2) I am not much clear on this point. Jeeva
From India, Bangalore
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From India, Bangalore
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Hi,
Can anyone tell me what would be the next step in the situation below?
One of my friends got terminated from the company on the basis of disciplinary grounds. The fact is, in his current company, he was recently shuffled to another team. His team leader misguided him by saying, "For mass emails, you can do it from home as you have taken a laptop recently. Don't waste too much time in the office for mass emails." This being his first company, he does not know much about office politics and such matters, even though he has been working in that company for more than a year and a half. One day, the company discovered someone was using portals from outside the office, leading to an investigation. It was revealed that the team lead was engaged in freelancing, and this guy's IP address was provided by Naukri management. The company checked his emails without permission and claims to have found evidence but is not willing to discuss it. Consequently, they terminated him on disciplinary grounds, stating that they cannot provide a relieving letter. He comes from a lower-middle-class family, and without a job, they would struggle to survive. After lengthy discussions with the company, they agreed to release his last salary but insist that they cannot provide a relieving letter. Without a relieving letter, he cannot join a new organization, and he may also face difficulties in accessing his PF money.
Can anyone kindly suggest how he can proceed to obtain his relieving letter and PF money?
From India, Hyderabad
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Can anyone tell me what would be the next step in the situation below?
One of my friends got terminated from the company on the basis of disciplinary grounds. The fact is, in his current company, he was recently shuffled to another team. His team leader misguided him by saying, "For mass emails, you can do it from home as you have taken a laptop recently. Don't waste too much time in the office for mass emails." This being his first company, he does not know much about office politics and such matters, even though he has been working in that company for more than a year and a half. One day, the company discovered someone was using portals from outside the office, leading to an investigation. It was revealed that the team lead was engaged in freelancing, and this guy's IP address was provided by Naukri management. The company checked his emails without permission and claims to have found evidence but is not willing to discuss it. Consequently, they terminated him on disciplinary grounds, stating that they cannot provide a relieving letter. He comes from a lower-middle-class family, and without a job, they would struggle to survive. After lengthy discussions with the company, they agreed to release his last salary but insist that they cannot provide a relieving letter. Without a relieving letter, he cannot join a new organization, and he may also face difficulties in accessing his PF money.
Can anyone kindly suggest how he can proceed to obtain his relieving letter and PF money?
From India, Hyderabad
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Hi,
In that case, let him approach the HR after 60 days from the last day of his duty. They should complete the necessary formalities for claiming PF funds. If not, there is no need to worry. He can approach the PF commissioner and the amount will be refunded.
If he still requires the relieving letter, then ask him to approach the HR again to obtain it. If not, inform him that he can approach the labor officer to obtain the same.
For PF submission form, you can visit: https://www.citehr.com/460318-pf-submission-form.html
From India, Bangalore
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In that case, let him approach the HR after 60 days from the last day of his duty. They should complete the necessary formalities for claiming PF funds. If not, there is no need to worry. He can approach the PF commissioner and the amount will be refunded.
If he still requires the relieving letter, then ask him to approach the HR again to obtain it. If not, inform him that he can approach the labor officer to obtain the same.
For PF submission form, you can visit: https://www.citehr.com/460318-pf-submission-form.html
From India, Bangalore
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Dear Lalita,
1) Yes, even a terminated employee can apply for PF since there are no restrictions in the PF Act.
2) It is a common practice to withhold PF formalities before an employee pays his dues. You cannot ask the PF department to divert such funds as it is not allowed. You can diplomatically recover this from him through some pressure tactics. If it doesn't pay off, just don't withhold it for too much time since he is statutorily eligible for PF and can complain to the RPFC regarding the same.
Regards
From India, Mumbai
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1) Yes, even a terminated employee can apply for PF since there are no restrictions in the PF Act.
2) It is a common practice to withhold PF formalities before an employee pays his dues. You cannot ask the PF department to divert such funds as it is not allowed. You can diplomatically recover this from him through some pressure tactics. If it doesn't pay off, just don't withhold it for too much time since he is statutorily eligible for PF and can complain to the RPFC regarding the same.
Regards
From India, Mumbai
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Death while in service letter for pf death claim.docx