Steps for EPF Claim Without Employer Signature
Please refer to the following steps for claiming your EPF without your employer's signature:
Step 1
First, download and fill out Form 19 (for EPF withdrawal) and Form 10C (for EPS Withdrawal).
Step 2
Get it attested by any one of the following:
- Manager of a bank (PSU preferred)
- Any gazetted officer
- Magistrate / Post / Sub Post Master / Notary
Step 3
Write a letter addressing the regional PF commissioner, stating the reason why you need to get it attested and how you are facing issues with your employer. If you have any proof of unsupportive behavior from your employer, it is better to attach it. (This step is optional and not mandatory.)
Step 4
If you are unemployed, you will need to make an affidavit proving your unemployment. Download this Affidavit Sample and get it printed on Rs. 100 stamp paper with a notary or any gazetted officer's signature on it. (This Affidavit is part of our Jagoinvestor Wealth Club.) This is required because you need to be unemployed to withdraw your EPF. If you are employed, you can transfer your EPF to your new employer.
Step 5
Send these forms to your regional EPF office and wait for the next few months for some kind of action.
Step 6
Once your application is processed, the EPF withdrawal request will be honored, and you will be paid. If you still don't see any action or response, then it's time to file an RTI application to the EPF Department to find out the exact status.
Legal Action Against Your Past Employer
Note that Employee Provident Fund money is entirely yours, and no matter the situation, your past employer should assist you in withdrawing it. If there is an issue with your employer, they cannot refuse to provide signatures and create issues in your EPF withdrawal.
If you are 100% sure that you are correct and it's a case of harassment, collect all the documents that prove the harassment and inform your regional Provident Fund officer about this. They will conduct an inquiry, contact the employer, and if found guilty, there can be legal action against the company, which might even lead to imprisonment. It is the employer's duty to keep records as per the law and maintain the terms and conditions. Failing this, the employer can receive a notice under section 7A, which outlines strict actions against your past employer.
Regards,
Seetarama
[Phone Number Removed For Privacy Reasons]