Brief Description
Provident Fund is a Social Security Benefit to employees. During an employee’s productive life he along with his employer contribute monthly to a PF Fund which then serves as a nest on retirement for his/her old age. This act is an important piece of Labour Welfare legislation enacted by the Parliament to provide social security benefits to the workers. At present, the Act and the Schemes framed there under provide for three types of benefits –
- Contributory Provident Fund
- Pensionary benefits to the employees / family members
- Insurance cover to the members of the Provident Fund.
Applicability
Company which have employee strength of 20 or more are required to be registered with PF Department. The strength of 20 includes contract employees like housekeeping, security or other contractual workers in the business. Those establishments which do not have the prescribed number of employees but willing to register themselves to provide the benefits of Provident Fund to their employees can register voluntarily with the Regional Provident Fund Office. Registration has to be done within One month from the date of reaching 20 employees. Any delay may result in a penalty.
Eligibility
An employee at the time of joining the employment and getting wages up to Rs. 6,500/- is required to become a member. In this act, Wages means and includes Basic + Dearness Allowances, Cash value of food concession and retaining allowances, if any. He/she is eligible for membership of fund from the very first date of joining a covered establishment.
Employee Contribution
Provident fund contribution is recovered @ 12% of wages from employees who earn up to a maximum wage of Rs.6,500/- p.m. However, employees can contribute more than this statutory maximum which
will be considered as Voluntary Contribution.
Voluntary Contribution
– An employee can contribute voluntarily over and above the stipulated rate of PF contribution by opting for Voluntary PF scheme at any rate as he she desires i.e up to 100% of Wages.
– However, the contribution to VPF should be a certain % of wages and not a fixed amount.
– But the employer is not bound to contribute at the enhanced rate.
– It is suggested that the enhancement can be done at the beginning of the financial year for comfort level of calculation.
Employer Contribution
– Employer is also required to contribute towards provident fund; the deduction rate is same as employee’s contribution i.e. 12% of the wages.
– Of this 12%, 3.67% goes to Provident Fund and the balance of 8.33% goes to Pension Fund.
The employer is required to pay the contribution recovered from employees into the provident fund account on or before 15th of the following month, for example, if the contribution is deducted for the month of October 2008, it should be remitted on or before 15th of November 2008.
Procedure for PF registration
The following forms are to be filed for registering the establishment:
1. A Detailed Application for termed as “ Performa for coverage”
2. Form 5 A with Annexure I
Information required for filling up forms
1. Name of The Company
2. Postal Address, Telephone No and Email Address
3. Details of Director/ Managing Director/ Partners – Address, Ph. No, email ID
4. Details of Authorized Signatory (in case whose is signing in the place of Director)
5. Nature and Date of Commencement of Business
6. Date of Joining of Employees, Father Name, DOB
7. Salary, PF Statement and Bank Account Details of the Company
Documents required for filling up the Forms
1. Incorporation Certificate of Company in case of private limited company and Certificate of Registration of Firm in case of Partnership Firm.
2. MOA & AOA in case of Private Limited Company and Partnership Deed in case of Partnership Firm.
3. Rental Agreement/ Lease Agreement of Company
4. Company/ Firm PAN Card
5. Address Proof of Director/Partners – Lease / Rental Agreement
6. ID Proof of Director/ Partners – Pan Card / Election Card/ Passport/ Driving License
7. List of Directors/ Partners
8. Registration copies with other Departments like. VAT, PT, Labour dept.
9. First Invoice raised from the company/ Firm
10. True copy of Board resolution empowering company representatives as Authorised signatories
Once documents are filed the PF Authorities carry out a physical inspection of the premises and verify all original documents. On satisfaction, the business is granted with a PF allotment letter.
Withdrawal of Provident Fund and Pension Fund
- A member is eligible to apply for withdrawing his provident fund and pension fund only after 2 months from the date of resignation, provided that he / she is not employed during the said 2 months.
- The member should submit Form 19 to withdraw his provident fund dues on leaving service/retirement/termination.
- To claim pension, the member is required to submit Form 10 C.
- The member needs to fill in Forms 19 and 10C and get it signed from the previous employer and submit it to the provident fund office (in many cases, the employer will themselves help by submitting the forms).
- Normally, it takes about 40 days to have the monies credited to the bank account of the member after submission of the relevant forms.
On many occasions, members face problems in withdrawing the provident fund monies. Some of the normal reasons for the problems are quoted here below:
- Mismatch of Signature of the employer/ Member
- Mismatch of Signature of the member
- Mismatch of Provident Fund Account number of the member
- Incorrect bank account details furnished by the member
- Incorrect address given by member
- Mismatch of date of joining / resignation
- Communication from PF department while processing the request would not have reached the employer
- Failure of employer to remit the PF amount recovered from members to PF Account
- Member might have changed his / her official name and the same has not been informed to the provident fund office
- Change in Authorised Signatory of the employer when the application is in process
Transfer of Provident Fund monies from previous employer to current employer
A resigned employee who joins another company is left with an option of transferring the PF monies from his previous PF account to the current PF account, by filling the Form 13.
Form 13
- When an employee joins new company and he wishes to transfer his previous company provident fund amount, he should inform the HR department or Accounts department of the new company.
- The employer will issue Form 13, in which the member has to fill the details of previous company like – name, address, provident fund account number and address of the provident fund office where the account was held.
- On form 13, the signature of the previous employer is not required.
- Once he fills the required details and submit it to the current employer, the current employer will forward it to the provident fund office for transferring process.
- The time taken for transferring the fund from one account to other account normally takes about 40 days from date of submission.
Problem during Transfer of Monies
In the case of transfer and when the previous employer is an exempt establishment (which means, having own PF trust), the procedures is that the current employer should forward the transfer form (Form 13) to the previous employer who will process a cheque (after validation) in favour of PF office of the current employer and it will be sent to the current employer. It becomes the responsibility of the current employer to submit the cheque along with a request letter to the PF office for transferring the monies. Here, the normal problems that might occur are:
- previous employer might have changed their address
- Documents lost in transit / do not reach the concerned department
delay in processing the application for reasons like tedious internal processing procedures, processing person is on vacation / busy on some other assignments, signatory not available etc
Advances from PF Account
The members are eligible to withdraw monies as advances from their PF Account for purposes like marriage, education, medical treatment etc, subject to the prescribed conditions as mentioned here below. Note that the said advance is totally tax-free and interest-free.
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CS Mohit Saluja, 2nd Floor, Malhotra Complex, Sehdev Market, Jalandhar, 9914558709, csmohitsaluja@gmail. com
Author Bio
Sir, I have worked with Elder Pharmaceuticals Limited (Ellife Division) as a Business Executive at Delhi Head Quarter from 17/10/2006 to 09/09/2007.
My PF account no is not known to me. I tried a lot over the last two year to withdraw my PF. To do the same I have sent my PF withdrawal form twice by speed post with all relevant documents to the Elder Pharmaceuticals Delhi office (Speed Post No.- EU5699448251IN) and Elder Pharmaceuticals Bombay Office (Speed Post No.- EU667340271IN). I have called several times to Mr. Praveen on the no. 9810798408 and write emails to Mr. Avesh Salvi to the address [email protected] to follow up. I didn’t get any satisfying response or necessary details to fix the issue.
Then I have filed a Grievance on 08/07/2015 vide registration no. ROBND/E/2015/08444. But on dated 11/08/2015 my Grievance closes with the statement “the establishment informed that Mr. Pradeep Kumar is not an employee of their establishment” and requested to submit any documentary evidence to support my claim. In the comment section of Grievance page, I request to inform the name and address of the officer whom I submit documents because all details on the Grievance page are system generated. This is not helping me out. I didn’t find out the process of submitting documents. Then I have filled another Grievance dated 16 Oct 2015 vide Registration number ROBND/E/2015/15002 and request to guide regarding the document submission process in support of my Grievance. Again my Grievance is closed and informed me that “after processing your grievance, the following action(s) has been taken: without PF no. we are unable to redress your grievance. You confirm about your PF no. & submit the form or you may contact your employer for get the Pf number”.
Please guide me what legal action should I take against my company and what I do to get my PF.
Sir, I have worked with Elder Pharmaceuticals Limited (Ellife Division) as a Business Executive at Delhi Head Quarter from 17/10/2006 to 09/09/2007.
My PF account no is not known to me. I tried a lot over the last two year to withdraw my PF. To do the same I have sent my PF withdrawal form twice by speed post with all relevant documents to the Elder Pharmaceuticals Delhi office (Speed Post No.- EU5699448251IN) and Elder Pharmaceuticals Bombay Office (Speed Post No.- EU667340271IN). I have called several times to Mr. Praveen on the no. 9810798408 and write emails to Mr. Avesh Salvi to the address [email protected] to follow up. I didn’t get any satisfying response or necessary details to fix the issue.
Then I have filed a Grievance on 08/07/2015 vide registration no. ROBND/E/2015/08444. But on dated 11/08/2015 my Grievance closes with the statement “the establishment informed that Mr. Pradeep Kumar is not an employee of their establishment” and requested to submit any documentary evidence to support my claim. In the comment section of Grievance page, I request to inform the name and address of the officer whom I submit documents because all details on the Grievance page are system generated. This is not helping me out. I didn’t find out the process of submitting documents. Then I have filled another Grievance dated 16 Oct 2015 vide Registration number ROBND/E/2015/15002 and request to guide regarding the document submission process in support of my Grievance. Again my Grievance is closed and informed me that “after processing your grievance, the following action(s) has been taken: without PF no. we are unable to redress your grievance. You confirm about your PF no. & submit the form or you may contact your employer for get the Pf number”.
Please guide me what legal action should I take against my company and what I do to get my PF.
Hi,
Hope you are doing well!
My query is that i had resigned from HCL in Mar’2012 and due to my ignorance i failed to file ITR for FY 2011-12.This year when i filed return i was checking my old form-16 and found that sum of 63827/-INR was deducted as TDS+IT for fy2011-12.I checked VAS26 online and it has same details of deduction.I had already prior declared the investments to HCL.so this Tds/tax must be on NET Taxable income after all maximum deductions.
so now can i look forward and file return for that particular year.Is there penalty for it.and does that return will count as income for current year.
Please suggest.
Thanks
Regards,
Priyensh Sharma
Sir,If company Employee Will transfer another compNY IF PF aCCOUNT dATE OF jOINING wHICH date will be count .
EXAMPLE -oRGINIAL dATE OF jOINING OR tRANSFER dATE
Dear Sir
I wish to know the process of changing the authorized signatory as per the applicable act and rules at the EPF.
I have made the requisite changes at the profile of the company on the employer E- Sewa what other formalities are required to be done quoting the necessary act and rule.
it would be a great help to me, If you can guide me on this.
Hi,
My company is having 15 employees and we are going to outsource some employees 35 employees under our payroll ,so can I apply for EPF ?
Kindly help me in this matter
Thanks and Regards,
Yeshwanth
I quited my job now its more than 1year. Can i apply now for pf
Sir,
A Employee has getting Rs:16000.00 per month ( DA+Bpay) , he has eligible for covering PF , Suppose he is not eligible , which procedure or record i have followed to him.
CLAIM FORM 10C FOR WITHDRAWAL BENEFIT/SCHEME CERTIFICATE FOR MEMBER ACCOUNT NO THTHA00982820000001217 HAS BEEN RECEIVED ON 04.09.2015 IS UNDER PROCESS.
HOW MANY DAYS IT GET CLEAR
I have joined new company on April, and raised a PF transfer through my current employer. But the claim has been rejected stating that ‘It is informed that the member claim was rejected due to F/5 particulars not uploaded in the system in present employment by the employer. Hence claim rejected and called for clarification regarding this. Hence member may advised to contact present employer and submit the same after the rectifying the above issue.’, but my employer says that it has their own pf trust hence Form 5 is not required for PF transfer.’
What should I do now? Please help.
Sir,
My PF account has been transfered from my Ex-employer2 to current employer. But my first employer PF has not been claimed so far. And it was for the period of Year 2001 to 2004. Also the company is closed now. How can I withdraw the PF amount. Pls guide.
Dear Sir
I have resigned my old company on Dec 2014 and applied for PF on 10.04.2015 but my old Employer when i request they sending mail that Signatory has been changed and as its government Process it will take still more time, Please suggest me what should i do
With Regards
Mahesh
Dear Sir, I would like further to know about following two points –
i)Advances / Loans from PF – Procedure and conditions &
Dear Sir
I am working as an Asst.HR but i dn’t know fully about the ESI & PF joining & relieving formalities can you help me.
With Regards
N.Dharani
Dear sir,
I am a Employer running a small scale industry and it is registered under EPF.
But it is under heavy loss and the employees are reduced to 3 numbers from past 2 years.
Is there any option to come out of EPF now, As we do not require EPF.
kindly suggest
Thanking You,
Hemanth
I have worked in an MNC company for 15 years and resigned during Jan 2015, I want to know what is the procedure in getting back the PF money
Dear Sir,
I was working in my previous company for 5 months. I got a job in another company and hence left the previous job and immediately joined another company after informing previous company about new job.
The new company opened new PF account and it has been 2 months now(after I left the previous job) and I did not get my PF amount from previous PF account. Please help me in this regard and please let me know the eligibility and the procedure to get the previous PF amount.
Regards
Thankyou
Dear sir,
I worked in a private company for 17 years and resigned in the month of october.
They have closed the company permanntely and not paid my dues of pf funds for 7 months.
Now i wanted to withdraw my pf money. help me to provide the details to withdraw my entire money deposited in my account.
thanks and regards
I am working in pharma company last 4 year,
I want to withdrawal my pf amount for personal work
Can I withdrawal
Reply me
Regards
Jugnu thakur
i have joined new company immediatly after resigning from my previous company.but i didnt tell my previous employer about my joining in new company .now i want to withdraw my pf amount.will my past employer come to know that i am working with someother company since i gave same pf account number.
Hi,
I worked in India for 5 years and 15 days in two companies.
Almost 3 years 4 months in one (TCS) and 1 year and9 months in second (CG).
Now. I moved to Abroad (Dubai). I have not transferred my PF from TCS to CG. Now, both PF’s are lying in respective company.
Now, is it possible to transfer my PF from 1st company to second.or, Necessarily, I should withthdraw from first and second separetly. In second case, How can I get tax exemption. I have worked continously 5 years plus in PF contributory servives. Can I file return in second case?
Please help.
Sir
I m getting marry next march.
Can I withdrawal my partial pf amount for my marriage purpose. I m working with this company from 8 years.
Please guide me
Regards,
Balaji k
If the private employee have the pension certificate , how can encash the certificate.
1.if it was not encased after 58 years what is the cummulative amount
Dear Sir,
I had submiited Form 19 & 10c. my form 19 got rejected because I had submitted bank proof where my brother was joint holder. I had another account jointly
HOld with My wife. Can joint account with my wife will be valid? or I had to Open new account with single holder?
Please suggest.
Dear sir, my sselfsubha sen.one year ago I left my previous company name shoppers stop limited .though Ihave submitted all necessity form to my previous company 6 -7 months ago
But I still didn’t get the money. And no transfers history is showing on the web page. What should be my next step. Kindly inform me.
Hello,
I have a Query on PF transfer.
My second name has been changed(got married) from previous and current company.
Can I Put for transfer of PF???
If yes how much time it will take.
Or can I withdraw the PF amount??
Suggest me the better option.
Thanks,
Varsha
I currently work in a msme manufacture company as manager, it is partnership firm in Madurai
.
There is a change in partners. WHAT steps/procedures are to be taken to register new authorised signatories in epfo from employers side. Pl advise me.
S.Thiagarajan
I would like to know the percentage of tax deducted at the time of withdrawal of provident fund after working for 9 months. Also, whether the tax amount is refundable while filing income tax Returns.
Dear Sir,
I want to know about minimum period for PF withdrawal. For example, if I have worked with proprietary firm for 2 months and resigned from the same, then in this case can I withdraw my P F balance from P F office.
Thanks
Dear Sir,
If an employee attains the age of 58 during mid of the month, does the employer needs to contribute to the pension fund(8.33%) & pf (3.67%) or the full 12% to PF account.
please clarify
Thanks
Regards
Vinai
If the person after retirement withdraw his PF and start receiving pension, and if he rejoins the same firm, Is it compulsory for the firm to deduct his PF again?
1. Has any one recently submitted online pf transfer form, how much time it takes these days?
2. I have 3 pf accounts from my last 3 employers, i never got them transferred.
how do i go about closing them? transfer first to second and then second to third? i am not in any job since 8 months.
Thanks
Tushar
The pf amount of previous employer is in excluded status and maintained by the deptt by their own trust.
Now the employee joins in a COMPANY covered under unexempted epf and transfer pf amount to RPFC.
How the pf amount shall be transferred?
Please reply in my email.
Hi There,
Kindly advise if I can register online for PF Withdrawl as I have moved out from the city I worked in and now the amount can not be tranferrred. I need the form and e-mail address where I can send my doucuments for PF withdrawl..looking for answer.
Regards,
K.K.S
Sir,
Instead of reason as “Resignation” I have mentioned the reason as “To pursue family business” to withdraw money from my PF account. Is this ok?
Hi Mohit Sir,
I worked with a company at Chennai for 8 years and left 6 months back. Now I am not working due to some reasons. I would like to know following points for withdrawal of my EPF amount.
1) If I submit Form 19 & Form 10C, are there any taxes deducted during settlement.
2) There is Employee Share, Employer Share & Pension Fund. Will I get the all the three amounts while withdrawal.
Thanks in Advance.
With Regards,
KVRaj
Dear Mohit Sir,
I am Vinay Prakash and working as Sr. Engineer in a Public Sector Company. I was in an PSU and resigned there on 25th Dec-2013 with a notice period of 1 month. Accordingly, i start to fill up all the required forms there pertaining to clearace and final settlement by the previous employer. In these various forms there was a form for PF settlement. As i dont want to encash my PF accumulation so I asked HR person that this form need not to be filled. HR person advised me to fill this form so that Company PF trust can transfer your PF accumulation to the finance department and when your PF transfer form from the new employer will reach to us, your PF accumulation will be transferred to New organization. As per advise I filled the form and handed over to them on 17th Jan-2013. However, after completion of 1 month notice period i was releived from previous company on 25th Jan-2013.In that form there was a declaration regarding TDS for the employees who have not completed 5 years as a PF membership, I have not signed that declaration. Even as per HR person advise, I signed after filling details and under. As I signed and submitted this form on 17th Jan-2013 and getting releived on 25th Jan-2013, this form has no meaning as per the rule for PF withrawl (service gap of 2 months required before submission of this form) but as per advise i have to fill and sign this form. After joing my new employer (again PSU)on 28.01.2013, I filled up PF transfer form-13 and handed over in new organization. New employer was in the process of sending this form to old employer, however, on 28th May-2013 I received an amount in my bank account and after query i come to know that my PF was encased by old employer after deduction of approx. 10 % TDS (Rs. 63000/-). With the addition of this amount in the earning of financial year2013-14, my encome will come in the 30% tax slab and I have to further seposit approx Rs.120000 as tax on this amount. Therefore total loss of about Rs.182000/- even there is no fault of mine. I m requesting old employer, to take this amount back from me and transfer it to the new employer but they are denying.
In view of above, Sir i want to know can i go for judicial proceedings on the above background for violation of PF encashment rule (even i signed and submitted that non sense form).
Please guide me.
Dear Mohit,
Thanks for the update. I am getting superannuated this Oct. 2013 at the age of 55 years as per my co. policy. I would like to know –
after how many days, I can submit the claim forms for PF?
Also, when will I become eligible for getting the pension?
If I claim the pension now, will it be a reduced amount or will I get the full pension?
Regds
Raj
i have withdrawn PF amount from my previous company. But I do not know whether they settled both pension and my amount in that. if pension amount is not claimed, shall i claim now. what is the proceedure for it
Sir, i dont have pf number,please guide me how to get, my Ex-company is not providing and information, i have pay slip , but it dosent have PF no.
Thank you.
Dear Mohitji ,
Excellent Info . Need the process to know the amount of Pension lying with concern office . I was working with Noida based HCL Infosystems & left them in 1997 . Pls help . Paresh Bhayani – 9819670636
Dear Sir,
My mother is undergoing treatment for circulation stroke for the last 1 1/2 month and she is been treated by a local doctor and is taken care at home. How to apply for a PF Advance/withdrawals the procedure to avail the advance/ withdrawl
Dear Sir
Thanks for Information
Recently I have change the my job but I am not withdraw the my previous employer provident fund
Because I want to continue this PF No to current employer (They have own provident Fund Trust) and submit all document with Form No-13
After checking balance my previous employer provident funds not carry forward with my current employer
Could you please suggest, what should be done?
Dear Sir
Thanks for information
Recently I have change the my job but I am not withdraw the my previous employer provident fund
Because I want to continue this PF No to current employer (They have own provident Fund Trust) and submit all document with Form No-13
After checking balance my previous employer provident funds not carry forward with my current employer
Could you please suggest, what should be done?
Dear Sir,
Thanks & its relay helpful.
I have already submit transfer form in PF Office & My previous company not deposit
some amount & i have already given written request for whatever amount of previous is in my account that you transfer to my new account. but no response from pf office.
Could you please suggest, what should be done?
Thanks & regard
gud info. thanx for uploding.
Dear Sir,
Thanks very much for the update. However, I have noticed that manay a times if the PF transfer is between states (Inter state – Guj-Mah), it takes quite a long time for PF transfer. Also, one regional PF office asks us to contact another regional office, but nothing happens.
Could you please suggest, what should be done? what is the time limit for such transfers?
Regards/Kedar
i want to know that employer contribution which is 8.33% is transferred to
pension fund can also be withdrawn at the same time of withdrawn of pf
after quit the job , or it may be retain by epf department
second
if one can opt for a higher contribution that is for example 20 % of salary
and emloyer 12% became 32% can it total 32% may deducted from salary
while computation of income tax
Dear Sir,
Grateful if you could publish the PF rules with latest amendments with current interest rate, eligibility of loan for marriage and house purchase etc.
Thanks and regards
U K Pillai
Dear Sir, I would like further to know about following two points –
i)Advances / Loans from PF – Procedure and conditions &
ii) Ratio of PF Fund amount in cash and Pension amount receivable after retirement.
Thanks and Regards