I was working with a pharma company about 2 years ago. My resignation was in bad taste and with a grudge. I kept sending my PF withdrawal forms to this company, but they did not forward them to EPFO Bandra, Mumbai. Finally, I sent my documents directly to the PF Commissioner with all the relevant documents and a complaint letter regarding the company. Now, after one and a half months, my PF is rejected. The PF office claims to have sent me the letter of reasons, which I have not received. What do I do now?
From India, Mumbai
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From India, Mumbai
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I am providing below some copied matter which I got from one of my friends in Chennai.
Yes! – You Can Withdraw Your EPF Without Employer Signature
Do you know how to withdraw your EPF without an employer's signature? Do you think it's 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's signatures? Or is your EPF withdrawal stuck because your employer is not supporting you or helping you in the withdrawal procedure? It might happen that your relations with your employer have deteriorated for some reason, and now they are not ready to cooperate in the EPF withdrawal procedure and are threatening you. Here are two real-life examples of this kind of situation:
Case 1: A company was shut down, and her PF was stuck.
Case 2: The employer was not supporting the employee for EPF withdrawal.
Now the question: Can one withdraw their EPF without the support of their past employer's signatures or support? Yes! - There is a solution!
Employer Cannot Control EPF Money
Each month, the employer takes the EPF part out of your salary and, along with their contribution, deposits it into your EPF account with the EPFO organization. Once they deposit it with the 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 three 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)
• 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's 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 the next few months for some kind of action.
Step 6
Once your application is processed, the EPF withdrawal request will be honored and you will be paid. If you still don’t see any action or response, then it's time to file an RTI application to the EPF Department to find 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 prove the harassment and then inform your regional Provident 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, which 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 the employer can get a notice under section 7A, which lays the guidelines for 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 you 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 a 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, who is 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 from 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 an employer's signature?
Regards,
RAMAKANT
From India, Pune
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71Yes! – You Can Withdraw Your EPF Without Employer Signature
Do you know how to withdraw your EPF without an employer's signature? Do you think it's 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's signatures? Or is your EPF withdrawal stuck because your employer is not supporting you or helping you in the withdrawal procedure? It might happen that your relations with your employer have deteriorated for some reason, and now they are not ready to cooperate in the EPF withdrawal procedure and are threatening you. Here are two real-life examples of this kind of situation:
Case 1: A company was shut down, and her PF was stuck.
Case 2: The employer was not supporting the employee for EPF withdrawal.
Now the question: Can one withdraw their EPF without the support of their past employer's signatures or support? Yes! - There is a solution!
Employer Cannot Control EPF Money
Each month, the employer takes the EPF part out of your salary and, along with their contribution, deposits it into your EPF account with the EPFO organization. Once they deposit it with the 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 three 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)
• 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's 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 the next few months for some kind of action.
Step 6
Once your application is processed, the EPF withdrawal request will be honored and you will be paid. If you still don’t see any action or response, then it's time to file an RTI application to the EPF Department to find 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 prove the harassment and then inform your regional Provident 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, which 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 the employer can get a notice under section 7A, which lays the guidelines for 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 you 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 a 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, who is 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 from 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 an employer's signature?
Regards,
RAMAKANT
From India, Pune
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EMPLOYER SPECIMEN SIGNATURE.doc