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Anonymous
Dear All,

Can I take any legal action into below two cases..? If yes so please suggest me how …?
1) I am ex employee of a partnership firm those providing service related works.
But we had received a job offer form another Pvt. Ltd. Company and we accept the same.
Hence I had submitted my PF forms to my ex employer in regards of withdrawal. They had kept the forms with them with no action onward and each time making excuses with this or that. It had been already one months of my submission. Request your help on this aspect
Also note my below job details for ready reference.
Joining date: 10 –Jan-12
PF Applicable from: 1-Sep-12
Notice period start from – 9-May-16 (Only verbally communicate No proof)
Left the Job: 10-Jun-16 (Only verbally communicate No proof)
So please suggest can take any Can I take any legal action of below cases..? If yes so please suggest...
2) Ex company will be given bonus on Diwali Festival to all 25 current working employee.
So can we have any rights or any rules to get this bonus..? Or any Rights to get remaining 6 Months No recorded cash salary Incentive…?
My ex salary details as per below.
Basic: 7000/-
Special Allowance: 3000/-
Other Allowance: 3000/- & + Incentive
Cash Incentive : 3000/- ( There is No maintain about this incentive on my salary slip & Company record book because this amount we had getting directly from company owner in cash, but from last 6 months I don’t receive this incentive)

From India, Pune
Dear Friend,

To answer your query of PF..!

First try to understand why the companies is not submitting your pf forms in PF office.

if you don't get proper response, YES.! you do have an alternate way to get your PF claims.

Since, employer do not verify, You have to attest your EPF withdrawal form from other credible authorities. These authorities are

Manager of a bank.

Any gazetted officer.

Member of the Central Board of Trustees./ committee/ Regional Committee (Employees Provident Fund Organization).

Magistrate/ Post/ Sub Post Master/ President of Village Panchayat/ Notary Public.

As you can see, the list is long, who can attest the withdrawal form. But in practice attestation by the bank manager is preferable. Also, Manager should be from the branch, where you maintain an account.

Note that you have to take signature and stamp in every page of the application.

Since this is an alternative route, EPFO does not encourage this process. Also, there is more chance of fraud as well. Hence, It asks for a letter which should state the reason of the direct application for EPF withdrawal.

It is advisable to attach evidence, if any, of non-cooperation by the employer. This will give weight to your application. Try to correspond in writing with your employer, so that you have some evidence of non-cooperation.

Attach an indemnity bond (affidavit) in a 100 rupee stamp paper. Although it is not mandatory according to rules. But you should not take any chance.

Also, attach service proof. Application of one of Planmoneytax readers was rejected for the lack of service proof. Hence, you should attach copies of payslip, ID card, form16 or appointment letter from employer to substantiate your claim.

Also, attach a copy of your identity proof and address proof.

From India, Chennai
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