How Can I Secure My Relieving Letter and PF Without Losing My Current Job?

Dear Seniors,

Please help me...

How Can I Get My Relieving Letter & PF?

I was appointed by a company as an Executive Admin & HR. After joining, I was told to assist the MD of the company with his personal work. It was a small-owned company.

The MD of the company was an older person, but it was a bad experience to work for him. I could not leave the job because of my needs. After 10 months, I got another opportunity. I submitted my resignation but did not mention the reason for leaving the current job. I mentioned some family problems because, in the past 10 months, I noticed that none of the ex-employees had received their salary after leaving the job. Since I was due my 30 days' salary, I explained my family problem (which was true) and requested my salary.

I received my salary, but the resignation was not accepted by the MD, who told me to rejoin once my family problems were resolved. I joined a new company without completing the relieving formalities.

After one month, they contacted me again, and I explained that I couldn't join due to my problems and requested to be relieved. The process was not completed, and another month passed.

Now, the issue is that they somehow found out about my new job and are expressing irritation, demanding that I submit the company ID card. I am willing to submit the ID card, but I request them to complete my relieving formalities and provide me with the relieving letter & PF for the 9 months.

Please guide me on how to make this possible as they are not answering my calls, and only my ex-colleagues are repeatedly asking me to submit the ID card. I am a very simple person and want my relieving letter without causing any issues, as my PF money holds value for me that I cannot leave behind.

I wish to avoid any legal actions from the company's side, considering my resignation was not accepted, and I have joined a new company. I am very scared, please help me.

Regards

You can apply for your PF. However, I don't think you will get your relieving letter unless you settle your dues (notice period or loans) with the previous company. Since you are an absconding employee, the company will deny your relieving letter.

You can submit your previous ID card either through courier or in person. It would be better to meet them in person and resolve the issue. You can request a relieving letter; otherwise, it's not a problem, but try to convince the future employer that you don't have your first company's relieving letter.

As you have already joined and are working in a new company, it indicates that they are not particularly concerned about your service certificate. As suggested by our friend, it would be better to approach your previous organization. Submit your resignation letter (obtain acknowledgment), return the ID card, and try to convince them to issue the service certificate.

Regards,
Kamesh

Thank you for your reply. Please guide me on how I can claim my PF as I don't have a relieving letter and I don't have a copy of the accepted resignation. Additionally, the company directors are not taking my calls. I only have my salary slips with me.

Provident Fund Settlement and Legal Obligations

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.

If 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.

This attestation can only be done when the previous employer is not signing the form. If this is the case, 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 the notice period dues must be paid to the company. Therefore, it is advisable to communicate with them to resolve the issue and sort it out smoothly.

Hi Laxmi, regarding PF, why can't you transfer instead of withdrawing? Transferring is easy.

You don't need to be scared at all. You simply need to be firm. Like Shenbagarajan said, the best way to sort this out is to meet them in person. There may be a chance that you may lose out on your PF amount since you did not serve a notice period. However, since they have not given the PF amount, they are liable to give you the relieving letter. You need to be very firm and tell them to give you the relieving letter at the earliest. More than the money, it is the experience letter that counts!

Regards

Thanks, seniors, but my PF in the company started from the very first month I joined, yet I don't have any PF number with me. Also, after working for 10 months, I didn't receive any confirmation letter. However, it was mentioned in my appointment letter that I would have to serve a one-month notice after confirmation and 15 days before confirmation. That's the reason I submitted my resignation on the 16th, as I had to leave by the 30th. What could I have done if they did not accept my resignation letter? Should I send the same resignation letter that they didn't accept, and it is still with me?