How to Handle an Undertaking Request When Awaiting a Government Job Start Date?

tomocivil
I have got a government job, and it takes months to process. My last employer, whom I left last week, wants an undertaking that I will not be joining any organization within 60 days. My problem is, though I can say yes, I will join this government organization after 2-3 months at least because they have a lot of processes, on the other hand, they haven't given me the joining date. My request is, how can I give this undertaking so that I am on the safer side.
nareshgadde
Dear,

As per the EPF Act, you can withdraw only after two months from the date of resignation. You can claim in Form 19 and more than 6 months in Form 10C as I mentioned above.

With regards,
Naresh
tomocivil
Naresh,

My employer or ex-employer, to be precise, asks for the undertaking now. Should I give it, or can I transfer/withdraw the amount without their help after 59 days as stipulated? I have my EPF Account No with me.

Regards,
Tomojeet
tomocivil
Dear Mr. Ponraj,

The crux is that I do not have the appointment letter from the future employer, so I cannot really request him to process the PF account request. I am just delineating the problems and plausible solutions. If you can guide me:

1. My present employer wants the declaration to be given now, whereas how can I give it? If they say that later on they cannot help me, in that case, can I transfer/withdraw from my EPF at my own capacity?

2. It would have been beneficial for me had I got part of the money as my sister's marriage will be in Nov. So can I cite this reason to withdraw money instead of this 2 months of unemployment, which is a fuzzy kind of thing for me?

3. Alternatively, can I sign this undertaking and add a letter to this effect that I do not anticipate any employment in the next two months, and this undertaking is an advanced one sign from that consideration. My take is that money will be required for the marriage, and if received is all right. But I do not want to be on the wrong side of the law at any cost.

Regards,
Tomojeet
nareshgadde
Dear,

Yes, you can withdraw without employer signatory, but an alternate solution is by taking gazette signatory. I hope now you are clear.

With regards,
Naresh
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