Facing Delays in PF Withdrawal After Resignation: Can I Take Legal Action?

Dear Friends,

I resigned from the company on 13th July and submitted my withdrawal forms 19 and 10C for withdrawal. However, some misleading elements have stopped my full and final settlement after resignation. I am worried that they might delay or not submit the forms to the regional PF office. In such situations, can I take legal action against the company personnel who regularly harass employees like this?

Please, friends, help me with all the details regarding this issue and the steps to be taken to get my PF.

Regards,
Amit Kumar Singh

Dear Mr. Singh,

Do not worry. You can give a petition to your nearest PF commissioner. Alternatively, you can route it through your claim forms from the bankers of the company or the bank manager of the bank in which you hold an account. You can also send it through a notary public, MLA, MP, District Magistrate, or a Gazetted officer of the Central Government. Nobody can withhold your PF. Ensure your resignation is accepted. If it is not accepted, send it via registered post to your employer along with a copy of the original resignation you previously submitted and a covering letter to settle your full and final dues. If the full and final settlement is not processed within 15 days from the date of your letter, you can approach the Assistant Commissioner of Labour (Conciliation) in your area.

Regards,
V. Ganesan

Hi Amit,

They are not supposed to stop your full and final settlement, but they have done so. Have you received your relieving and experience letters?

They can't stop your PF withdrawals. If you are working in another company, you can transfer your PF to the new account. Once you resign from the company, nobody can stop your PF withdrawal. The relationship now lies between you and the PF office. The employer only needs to certify on those forms. Even if they refuse to certify, there are alternative methods, as explained by Ganesan, to withdraw the PF amount.

My advice is to transfer the existing PF funds to the new account. For further clarification, you can call me.

Regards,
Jeeva
9343753361

As for the PF, the existing employer cannot have the right to stop the settlement unless there is a legal violation. Since you resigned from your job, have you received a proper relieving order? If you are currently employed, please transfer the PF account to the new account. If not, if you wish to withdraw the amount in PF, you may prepare Form 19 & Form 10C, and have them attested by the Bank Manager where you hold an account. Alternatively, you can submit the applications duly certified by the NOTARY PUBLIC, MLA, MP, District Magistrate, or a Gazetted officer of the Central Government.

Even after submitting the forms duly signed as mentioned above, if the settlement is not processed, you can directly contact the RPFC to resolve the issue. Normally, HR executives will send their PF claims through the employer to maintain cordial relationships, which can be helpful for future reference by other companies.

Thanks and regards,
R. PALANISWAMY

Hi,

Legally, your employer has no right to stop your PF. You can approach the concerned person in the PF local office and seek their advice on how to retrieve your PF amount.

Dear Seniors,

Hi all!

I worked for an organization from June 2006 to February 2007, during which I was on leave without pay from December to February 2007. After that period, I was not employed anywhere. Can I withdraw my PF amount now? Kindly guide.

Thanks,
Rakhi

No problem for that, because it is quite different compared with full and final settlement. What I want to suggest is that the withdrawal forms 10C and 19 should be completed by HR and then reconciled with the records from Form-3A.

Dear Amit,

Full and final PF withdrawal has nothing to do with each other if the forms have been submitted to the PF office. Just make sure that your HR department has submitted the same to the PF department. Also, don't forget to take a receipt from them for the submission to the HR department as well as from the PF office. This will help you trace your PF status in the future.

Warm Regards,
Sumiksha