Hi, my husband was working for a company that went into NCLT, and all employees were sent on leave without pay. It's been 3 years, and no decision has been made. We wanted to withdraw our PF amount, so we processed our request. While doing it, it was showing the last date as 31 Jan 20, even though the company was functional until June 20. So, we marked 31 Jan 20 as the exit date as no other option was available. However, our claim was rejected, stating that the Date of Leaving (DOL) was wrong. Upon inquiry, we found out that PF was deposited only until November 2018. Now, is there any way to change the DOL since the employer is not assisting us? Please help and guide.
From India, Faridabad
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From India, Faridabad
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Dear Jyoti-Singh,
In the case of Employees' Provident Fund (EPF) withdrawal, the Date of Leaving (DOL) mentioned in the withdrawal form is crucial. If there is an issue with the DOL, it may impact the processing of your claim.
Contact the EPF Office:
Reach out to the EPF office where your account is maintained. Explain the situation and inquire about the process to rectify the Date of Leaving.
Submit a Grievance:
You can file a grievance online through the EPFO's Unified Portal. Provide details about your situation, including the incorrect DOL, and request guidance on how to proceed. The EPFO has a grievance redressal system in place.
Seek Legal Advice:
If the EPF office does not provide a satisfactory resolution, you may want to consult with a legal professional who specializes in labor and employment law. They can guide you on the appropriate steps to take.
Approach the Company:
While you mentioned that the employer is not helping, it's worth another attempt to contact the company and explain your situation. Sometimes, persistence can lead to a resolution.
EPF Withdrawal Forms:
Review the EPF withdrawal forms and guidelines provided by the EPFO. Ensure that you have filled out the forms accurately and provided all necessary documents. If there are specific instructions regarding the Date of Leaving, follow them carefully.
RTI Application:
In some cases, filing a Right to Information (RTI) application with the EPFO can provide you with more details about your EPF account and the contributions made. This information may be helpful in your case.
Remember to keep copies of all communications, forms submitted, and any acknowledgment receipts. If possible, consult with a legal professional to discuss the specifics of your case and get advice tailored to your situation.
Regds
From India, Bangalore
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202In the case of Employees' Provident Fund (EPF) withdrawal, the Date of Leaving (DOL) mentioned in the withdrawal form is crucial. If there is an issue with the DOL, it may impact the processing of your claim.
Contact the EPF Office:
Reach out to the EPF office where your account is maintained. Explain the situation and inquire about the process to rectify the Date of Leaving.
Submit a Grievance:
You can file a grievance online through the EPFO's Unified Portal. Provide details about your situation, including the incorrect DOL, and request guidance on how to proceed. The EPFO has a grievance redressal system in place.
Seek Legal Advice:
If the EPF office does not provide a satisfactory resolution, you may want to consult with a legal professional who specializes in labor and employment law. They can guide you on the appropriate steps to take.
Approach the Company:
While you mentioned that the employer is not helping, it's worth another attempt to contact the company and explain your situation. Sometimes, persistence can lead to a resolution.
EPF Withdrawal Forms:
Review the EPF withdrawal forms and guidelines provided by the EPFO. Ensure that you have filled out the forms accurately and provided all necessary documents. If there are specific instructions regarding the Date of Leaving, follow them carefully.
RTI Application:
In some cases, filing a Right to Information (RTI) application with the EPFO can provide you with more details about your EPF account and the contributions made. This information may be helpful in your case.
Remember to keep copies of all communications, forms submitted, and any acknowledgment receipts. If possible, consult with a legal professional to discuss the specifics of your case and get advice tailored to your situation.
Regds
From India, Bangalore
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Since the company is not responding, the only solution available is to file a dispute before the appropriate court (High Court) against the EPFO, making the employer one of the parties. I understand that you will not be alone, but you have enough employees who face the same problem. When you invoke litigation, the employer will wake up and be constrained to defend it. Moreover, due to the presence of social media, the reaction would be fast. Contact a good labor law advocate and initiate it as soon as possible.
From India, Kannur
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From India, Kannur
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TAXABILITY ON EPF WITHDRAWAL.docx
Article on EPF withdrawal in The Indian Express-28.05.2 013.pdf