Relieving Letter - Legal Action

Dear All,
I was working for a MNC company for the past 20 months. I had resigned and served the notice period also. My company is not issuing the relieving letter and experience letter. They are saying that it will come after a month with the F&F . Is this the right thing for them to do? Can i take any legal action for the same ?? How do i apply for my PF ? What is the criteria after resignation ? Kindly advise if the PF office is in Gurgaon??

It is Ok, if the company has promised to issue certificates along with full and final settlement. Therefore, do not go against the company legally. If you go legally, the company may issue certificate but you can not say what should be the wordings in the certificate!
Regarding PF, you can transfer the accumulations when you join a new company. Otherwise withdraw it by sending form 19 and form 10C through the company.
Regards,
Madhu.T.K

Thanx Madhu for that super fast reply. Is it possible to transfer the pf through my new employer ? My current employer does not have a PF policy. So what do i do in that case ? Im also planning to leave India in 2 months. How can I make sure that my PF is on the way to withdrawal?Can I submit the forms myself ?

You can either withdraw your PF accumulations using form 19 and form 10C or transfer it to new establishment by using form 13. Since your present establishment is not covered by PF, you can not transfer it now. And if you are sure that you will leave India within two months, it is advisable to withdraw the fund. There is one more option, that is, to withdraw the provident fund (using form 19) consisting of 12 % remitted by by and 3.67% contributed by the employer and collect a scheme certificate (using form 10C and opting for scheme certificate in lieu of withdrawal benefit) which certifies your past service of 20 months and which can be surrendered to EPFO through the company where you join in future when you come back from abroad. By doing so, you will get the past service added for the purpose of calculation of pension.
Regards,
Madhu.T.K

Hi Madhu,
Another quick question ?? It's two folds , they are :
1. What is the criteria to apply for Pf after leaving the organization ? No. of days , signature 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 lookouts for applying for PF ?

You have to wait for two months before you submit the forms for withdrawal.
If you have forms completed in all respect(means the forms are attested by the Bank Manager to which account the amounts are to be transferred), you can send it to PF Office where your company's PF accounts are maintained.
Regards,
Madhu.T.K