Vishwas G (18 Points)
20 July 2019Dear All,
I have been employed in Nov 2012, company did not have a PF registration toll June 2015 from there onwards every employee has done PF contribution. I have retired on Dec 2018 and withdrawn my PF. For the purpose of calculating 5 continuous years of service which date needs to be considered is it Nov 2012 or June 2015. Please advice.
Vishwas G
(18 Points)
Replied 25 July 2019
But in the PF withdrawal rules, it is mentioned that 5 continuous years of service with the employer. Can't i consider from Nov 2012 since i have been employed from then. Is there any case law for the same.
J S BHAVSAR
(CONSULTING)
(1288 Points)
Replied 25 July 2019
The five continuous years of service with the employer is in tandem with EPFO and the said contributions therein. Since EPFO contributions started only June 2015, that is the time the PF department and amount start calculating the years of service. There is no scope in EPFO record of adding previous service without any contributions.
Vishwas G
(18 Points)
Replied 25 July 2019
Since i have retired on Dec 2018 after completing 60 years of service as per rules. Can that be claimed as exemption for 5 continuous years of service as per the below rule.
" if, though he has not rendered such continuous service, the service has been terminated by reason of the employee’s ill-health, or by the contraction or discontinuance of the employer’s business or other cause beyond the control of the employee"
debora M
(BUSINESS DEVELOPMENT MANAGER)
(1697 Points)
Replied 25 July 2019
Consider June 2015. because company has started pf contribution to its employees from 2015
CAclubindia
