Gaurav M. Lukka (Article clerk) (26 Points)
06 March 2013Dear ALL,
Whether employee can withdraw the balance in his PF Acoount if he has not served the notice of resignation to his employer and left the organization without intimation.
is he/SHE eligible for PF BALANCE STANDS IN HIS ACCOUNT??
what is the legal procedure to withdraw the money from PF Acoount??
Aman Sharma
(Student CA Final )
(73 Points)
Replied 06 March 2013
The terms of contract is to be taken into consideration..the employee will have to clear his account with the company..i.e. payment of penalty.. after that the PF amount can be withdrawn. The forms requires reason for early withdrawl.
CA Suri Kota
(Assistant Manager @ EY)
(955 Points)
Replied 06 March 2013
Gaurav,
It depends on the employer. As the given case is nothing but abscond, when you apply for PF Wirhdrawal , the employer may not agree to sign the PF withdrawal Applications.
Unless the employer signs, you can not get the money from PF Dept. First you need to clear off the air with Employer before applying for withdrawal as the employer is having right to object.
Suri.
Santosh Mishra
(AM)
(1135 Points)
Replied 06 March 2013
You can not withdraw or recover money from his PF account even you can not hold his PF application legally, also if the forms are not signed by the employer, employees have an option to get it attested by any gazetted officer, post master, his bank manager etc.
But you can take a legal action against him under Industrial dispute act.
Yes you can withdraw full amount standing in your account even without the employer signature.
For Full Knowledge: https://www.indiantaxupdates.com/2013/01/02/how-to-withdraw-your-provident-fund-or-pf-in-india/
Anbuselvam
(CMA Final Pursuing)
(240 Points)
Replied 07 March 2013
"Yes you can withdraw full amount standing in your account even without the employer signature.
For Full Knowledge: https://www.indiantaxupdates.com/2013/01/02/how-to-withdraw-your-provident-fund-or-pf-in-india/"
-I partially agree your (above) point. However, you should know your PF number, Employer PF number with Region, Joining date and last working date with the employer (normally we know DOJ & DOL dates but still you should know whether your employer has reported the same dates with PF office.
Also, you have to either fill FY contribution (your contribution + employer contribution per month) in Form 19 or have to attached form 3A which has been issued by your employer.
Santosh Mishra
(AM)
(1135 Points)
Replied 07 March 2013
Hi
We know our DOJ and DOL, PF a/c number is mentioned on salary slips and we can get employer PF account on website of PF department.
All employers are compulsorily required submit their returns to PF department in 3A & 6A for each employees, in 3A they legally require to report last working day of employee. In this case there is no requirement to fill FY contribution and no need to attach 3A as it has already been submitted by emplyers.
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