PF Withdrawal [Thread 446186] - CiteHR
Anil.arora
Administration Head
Cat_walk62
Finance
RAMAKANT R
Primus Techsystem
Deepakmpradhan
Consultancy
+1 Other

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Hi, Can any one advise how can i withdraw my PF balance if HR of earlier Company doesnot want to endorse? In that case what is the procedure to withdraw the PF amount ? Please help.
Please share do you have your EPF numbers?
If you are talking about your EPF Account associated with previous employer and have never requested your present employer for transfer of the same, just need to fill up the withdrawal form and get complete formalities and authorised by previous employer, submit to your local EPF directly and your HR personnel from previous employer cant deny to authorised your EPF withdrawal form.
Second, could you please explain the reasons of their denial?

Yes,
I do have my EPF Account numbers. There is a dispute is computing the settlement amount thats the reason there is a dispute between me and the HR. Again is it advisable to transfer the PF account in which case is it required to be endorsed by the ex employer??
Kindly clarify.

You have to fill up Form No 19 & Form No 10-C, the same is available with Company or any Stationery Shop. After filling the forms you have to obtain signature of your Employer along with necessary documents. Then you have to submit the same to concern PF office. i.e. in which PF office your Company PF No is register.
YES YOU CAN WITHDRAW THE PROVIDENT FUND

Yes ! – You can withdraw your EPF without Employer Signature

Do you know how to withdraw your EPF without Employer Signature ? Do you think if its possible at all ? Is your previous employer not signing your EPF Withdrawal documents? Have you left your company long back and now you cannot take your past employer signatures ? Or is your EPF Company stuck because your employer is not supporting you or helping you in withdrawal procedure ? Or it might happen that your employer relations with you mess up for some reason and now they are not ready to cooperate in the EPF withdrawal procedure and threatening you? Here are 2 real life examples of this kind of situation

Case 1 : company which was shut down and her PF was stuck

Case 2 : employer was not supporting the employee for EPF withdrawal

Now the question. Can one withdraw his EPF without the support of his past employer signatures or support ? Yes ! - There is a solution! .

Employer cannot control EPF money

Each month employer takes the EPF part, out of your salary and along with their contribution, deposits it into your EPF account with the EPFO organisation. Once they deposit it with EPF office, then it’s just your money and no one else’s. Your employer cannot control it. However note, that your employer’s signatures are required on the EPF withdrawal form, to certify that you are not employed with them anymore and now you can withdraw the EPF.

3 steps to withdraw your EPF without Employer Signature

Here are 3 steps you need to do to successfully withdraw your EPF without previous employer signatures.

Step 1

First download and fill up Form 10C (for EPF Withdrawal) and Form 19 (for EPS withdrawal)

Step 2

Get it attested by any one of the following

• Manager of a bank (PSU preferred)

• By any gazetted officer.

• Magistrate / Post / Sub Post Master / Notary

Step 3

Write down a letter addressing the regional PF commissioner, stating the reason why you have to get it attested and how you are facing issues with your employer. In case you have any proof of unsupportive behavior from your employer, better attach it. (This step is optional, and not mandatory)

Step 4

If you are unemployed, you will have to make an affidavit that proves that you are unemployed get it printed on a Rs. 100 stamp paper with a notary or any gazetted officer signature on it if you are employed, you can transfer your EPF to your new employer.

Step 5

Send these forms to your regional EPF office and wait for next few months for some kind of action.

Step 6

Once your application is processed, the EPF withdrawal request will be honoured and you will be paid. If you still don’t see any action or response, then its time to file an RTI application to EPF Department for finding out the exact Status.

Legal Action against your past employer

Note that Employee provident fund money is totally yours and no matter what the situation, your past employer should be helping you in withdrawing it. It can be some issue your employer or you might have.., your employer cannot say that they will not give signatures and create issues in your EPF Withdrawal.

If that’s the case, it might be time to teach them a lesson.

If you are 100% sure that you are correct and it’s a case of harassment, just collect all the documents which proves the harassment and then inform your regional Provided Fund officer about this. He will carry out an enquiry, contact the employer and if he finds them guilty, there can be legal action against the company and might even amount to imprisonment. It’s the Employer’s duty to keep records as per the law and also maintain the terms and conditions, failing which employer can get a notice under a section 7A, which lays the guidelines of strict actions against the employer. I got this from one of the RTI related websites

Normally, the EPFO which maintained your EPF account should have settled the claim based on the signature of the Bank Manager since you find it difficult to get the form attested by your previous employer. They should not have sent it back to you telling to get the signature of the previous employer. The fact appears to be that the employer is not willing to sign the form for some reason or the other. (I presume the establishment is not closed but is still working). It is the duty of the employer to sign the settlement form. If he fails to do so the Regional Provident Fund Commissioner (RPFC) concerned can take action against him. You can make a complaint to the RPFC pointing this out and urging him to either settle the claim as it is or to get the claim signed by the employer and in case the employer declines to sign to take appropriate action against him instead of harassing you by not settling the claim. Please send this complaint by registered post and keep copy. After about a month if no action is taken file an application under RTI and ask what action has been taken on your complaint, people responsible for not taking action etc. Your claim will automatically be settled.

Conclusion

It’s possible to withdraw your EPF money without the help of your past employer. You just need to know the right steps and should also have the energy and motivation to follow up on the matter. Let us know what you learned out of this article. Do you think this is something useful for you? From this article, did you understand properly how you can withdraw your EPF without Employer Signature ?



RAMAKANT

Hello Sir,
If your Employer does not want to Sign, no need of his signature, if you read the form 19 for PF withdrawal in 7 pera they mentioned below point
If the member is unable to sent the application through the Employer or duly attested by him for any reason whatsoever he may forward the claims duty signed in the presence of any one of the following authorized officials and attested overleaf with his official seal.
* Magistrate / A Gazetted Officer / Post-Sub Post Master / President of the village union / President of the village panchayat where there is no Union Board / Chairman-Member of the Municipal District Local Board Of Trusteed- Regional Committee Employees PF / Manager of the bank in which the saving bank account is maintained / Head of any recognized educational institution / any authorized official as may be approved by the Commissioner.
Regards,
Ashish Thakkar

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