Legal remedy as employer not contributed to PF since 1999

I joined organization in 1999. That time my consolidated salary was Rs. 5000/- PM. They not opened PF or Contributed towards PF since 1999. I resigned in Sept. 2017. Can I get PF Amount. If yes How?

Answers (3)

81 votes

What was your organisation? Govt or private? If they doesn't have PF or ESIC licence then they didn't give u PF. if they have ESIC licence they compelled to give u your pf. If they didn't open your account so there is no chance for PF.

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64 votes

What was your terms of appointment that need to be checked from your appointment letter so as to ascertain whether you are are suppose to be PF subscriber or not.

You can file a complaint to the concerned PFO for the same.

In case of any advise, you may consult me with all necessary details and documents.

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145 votes

According to the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, provides for compulsory contributory fund for the future of an employee after his/her retirement or for his/her dependents in case of employee's early death.

1. You can file a FIR against the company for not opening the PF fund;
2. You can also email your concerns to [email protected];
3. You should also lodge a written complaint to your company;
4. You can also take this matter in court for the company not opening a PF fund.

It is important to note that there is a 2-month waiting period, following which you can opt for withdrawal of your provident fund money after resignation. The two-month waiting period is aimed at saving your retirement corpus.

You can withdraw in the following manner:
1. The withdrawal process becomes simpler and less time-consuming if you have your Aadhaar number with you. Here is how you can initiate the withdrawal for both, with and without Aadhaar. If you don't have an Aadhaar, but have the PF number, use this form - Composite Claim Form;

2. You will have to furnish Permanent Account Number (PAN) if the total service period is less than five years and also attach two copies of Form 15G/15H, if applicable. In case the Universal Account Number (UAN) is not available, you can mention only the PF account number.

3. ou can submit a Composite Claim Form (Aadhaar) directly to the concerned EPFO office without attestation of claim form by the employers. The payment of the PF balance will be sent to your bank account, so attach a cancelled cheque along with the form.

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