Is It Normal for Companies to Delay Relieving Letters and Experience Certificates? What Can I Do?

christocmc
Dear All, I was working for an MNC company for the past 20 months. I have resigned and served the notice period as well. However, my company is not issuing the relieving letter and experience letter. They have mentioned that it will be provided after a month along with the F&F settlement. Is this the correct procedure on their part? Can I take any legal action regarding this matter? How do I apply for my PF, and what are the criteria post-resignation? Kindly advise if the PF office is located in Gurgaon.

Thank you.
Madhu.T.K
Handling Certificate Issuance and PF Withdrawal

It is okay if the company has promised to issue certificates along with the full and final settlement. Therefore, do not go against the company legally. If you proceed legally, the company may issue a certificate, but you cannot dictate the wording on the certificate.

Regarding PF, you can transfer the accumulations when you join a new company. Otherwise, withdraw it by submitting Form 19 and Form 10C through the company.

Regards,
Madhu.T.K
Madhu.T.K
You can either withdraw your PF accumulations using Form 19 and Form 10C or transfer it to a new establishment by using Form 13. Since your present establishment is not covered by PF, you cannot transfer it now. If you are sure that you will leave India within two months, it is advisable to withdraw the fund.

There is one more option, which is to withdraw the provident fund (using Form 19) consisting of 12% remitted by you and 3.67% contributed by the employer. You can also collect a scheme certificate (using Form 10C and opting for a scheme certificate in lieu of withdrawal benefit) which certifies your past service of 20 months. This certificate can be surrendered to EPFO through the company where you join in the future when you come back from abroad. By doing so, you will get the past service added for the purpose of calculating pension.

Regards,
Madhu.T.K
christocmc
Hi Madhu, another quick question? It's twofold. They are:

1. What are the criteria to apply for PF after leaving the organization? Number of days, signatures, and all that?

2. Can I submit the form directly if I have it completed in Bangalore? They say the PF office is in Gurgaon. What are my key considerations for applying for PF?
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