Can Ex-Employees Claim PF Without Employer's Approval? Legal Insights Needed

Being an employer, if we try not to process the PF claim process by not attesting or delaying the withdrawal process, how fair is it? Especially for the ex-employees who have not served the notice period.

According to the PF Act, the employer cannot hold the process of PF withdrawal even if the employee has been terminated. Can the employee still claim his PF from the PF office without coming to the employer? If yes, how? If no, are there any legal complications which the employee can impose on the employer?

What's your point of view, any suggestions.

Regards

I would also like to know about these doubts raised by Sashmit. Could someone shed more light on this.

Deepthi J.

Hi,

Is it necessary for the employer to process the PF withdrawal for his employee, or can the employee process it on his own? Could someone please clarify any doubts regarding PF in detail?

Padma

Yes, if PF claims are not authorized by the employer, then the employee can directly send them to the concerned EPFO office. For this, you can refer to the instructions for filling up the application forms (Form 19 & 10C) which you can get along with the forms. The process is as follows:

If the member is unable to send the application through the employer or have it duly attested by them for any reason whatsoever, they may forward the claims, duly signed in the presence of any of the following authorized persons and get them attested with their official seal:

1. Magistrate
2. Gazetted Officer
3. Post/Sub Post Master
4. President of the Village Union
5. President of the Village Panchayat
6. M.P.
7. MLA
8. Manager of the Bank where the saving bank account is maintained

I hope this information will be helpful to you.

Regards,
Sant Kumar Shukla

Dear All,

As per my view, an employee can directly withdraw his PF amount without intimating the employer. In the PF form, he can get a signature from any Gazetted Officer like a Bank Manager, Advocate, etc., and submit the form to the PF office after coordinating with the concerned person/commissioner of PF.

If there is any other way, please let me know.

Thanks,
Amit Pawar

Dear Friends,

If the employer is not signing the PF withdrawal form, then the manager of the bank in which the employee has their bank account can sign. If the employer is still not signing the form, the person can post the same form to the PF office, mentioning that the employer has not signed it. The PF office itself will then process the form.

Deepak

Please guide me on how to obtain the PF without the employer's signature.

Regards,
Vijay Sharma
Assistant Manager in a pharmaceutical company
9604331930