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Can company take back provident fund of an expat


03-Oct-2023 (In Labour & Service Law)
I am a Western expat working in an Indian registered office of a multinational company. Upon coming to India 2 years ago, I became a local employee of the Indian office. Within my company, I signed an employment contract, which commits to me a net salary and certain benefits. My company pays my Indian taxes. Separately, my company funds my Provident Fund. I see a statement of that value, and it is substantial. But, I am told that I will never receive that. When I leave, the company will reclaim the money it has contributed. Their position stated to me is that the Provident Fund is not part of their commitment to me (a net salary plus benefits), so I am not entitled to it. My questions are: - Is it legal for my company to reclaim this money, even if they had me sign a form allowing them to do so, when I originally joined? - Is there any way for me to get this fund myself (when I leave India), if I now want to challenge this?
Answers (1)

Answer #1
812 votes
No,your company can not reclaim the Amount deposited in your PF Account even if you have given any assurance either oral or in writing .Any contract or undertaking against the provision of law is void abnitio
However you should made a represention i

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