Can My Company Withhold My PF? Navigating PF Withdrawal from a Private Trust

I have a query about my PF withdrawal. I worked for 9 months for an organization that has its own private PF trust. Recently, I changed my company and was given a relieving letter which stated that for the notice period, I have to pay Rs. XYZ amount. I am not ready to pay such an amount.

PF Withholding and Withdrawal

Can the company withhold my PF? Or how do I withdraw the PF amount from the PF Trust?

Regards

The company cannot hold your PF amount. It is the duty of the employer under the Act & Scheme to help the Employees' Provident Fund organization settle the Provident Fund dues of its employees. The employer must complete the prescribed application within 5 days of receipt [para 72(5)] forms and hand it over to the member when they leave the service. When a member finds it difficult to get the form attested by the employer, they can get the attestation of any of the following officers and send it to the Provident Fund office:

- Manager of a bank.
- Any gazetted officer.
- Member of the Central Board of Trustees/committee/Regional Committee (Employees' Provident Fund Organization).
- Magistrate/Post/Sub-Post Master/President of Village Panchayat/Notary Public.

However, only when the previous employer is not signing the form, you can proceed with the above attestation. This will be taken seriously, and an inquiry will be conducted by the Enforcement officer with the previous employer.

If the above steps are taken, the previous employer can pursue legal proceedings since you are required to pay the notice period dues to the company.

Therefore, communicate with them to resolve the issue and sort it out smoothly.

Exempted Establishments and PF Withdrawal

Here, the matter relates to exempted establishments. I suggest that in case of inaction by employers, one must file a complaint with the concerned RPFC who can address the grievances.

I also recommend transferring the account when an employee joins a new establishment. No company can withhold the PF account of a member.

Regards,
AK Chandok
RPFC (Retd.)

I agree with Mr. Ashok; it's better to transfer your PF amount rather than getting stuck in a complaint or legal action against any organization. It's better to be polite and humble in the pursuit of a larger goal.

Regards,
Sachin

Dear Seniors,

There is a PF Trust run by the company internally. If the company manager signs the form, then one can withdraw the amount. I worked in Delhi, but the Head Office is in Kolkata, and the same PF Trust is maintained there.

Can I go through the same procedure as discussed above now? Kindly advise.

Regards,
Jitender

What to Do When a Company Is Not Traceable

I left my job in 2011 with a proper notice period and a relieving certificate. However, my former company, "Nokia India Pvt Ltd," has closed its operations in India after I left.

Currently, I am unable to access my PF through the EPF portal, leading me to believe that the company may have maintained a Private PF Trust. Additionally, I do not have a UAN number as the UAN concept was not in place in 2011. The Form 19 now requires a UAN for submission. What should I fill in that column?

I understand that my situation is somewhat complex. I kindly request your suggestions on possible workarounds as I am currently unemployed and in need of withdrawing my hard-earned PF funds.

Thank you in advance.

I worked with Dell Perot until 2010, but now I am unable to withdraw PF as the company has closed. The office is no longer in Noida. Can someone help me with how I can proceed further?