Posted by: Not sure | 2008/05/29

Provident fund monies after "desertion"

I had a 2 month calendar notice period in my contract, but gave 4 weeks notice. They renegotiated and said I must stay for 6 weeks. I had meetings and drew up a timetable to show that I'd finish what they wanted me to in the evenings and weekends to make up for the extra 2 weeks, but they turned my proposal down. I still left after 4 weeks otherwise I would've lost the other job. I completed the withdrawal form from the provident fund, but its been 3 months now and I haven't received anything from the provident fund. I received a letter from the employer stating that my employment has been terminated due to dessertion even though I did resigned and had meetings with them to come in weekends to finish the work for them to make up for the 2 extra weeks they wanted me to stay initially. They rejected this and then still sent the letter that I deserted!
My question is am I still entitled to receive the provident fund monies now that they said I deserted?

Please advise.

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Our expert says:
Expert ImageLabour lawyer

You are always entitled to your providebt fund monies whether you desert it or not

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Our users say:
Posted by: anon | 2008/06/02

you are entitled and it does often take 3 - 6 months to process. some insurance companies are very slow with this type of thing. what i would do is phone the co that manages the provident fund and check all the withdrawal documents have been submitted to them. your ex employer could be delaying the process to be spiteful

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