Can My Former Employer Legally Hold Back My PF Transfer Due to Notice Period Issues?

I was working with KEC International Ltd from Oct 06 to Jan 08. Now I'm working with a PSU. After joining the new job in Feb 08, I applied for a PF transfer to my new account. I filled all relevant forms and sent a letter with the help of my PF department for the fund transfer. However, to date, they have not transferred my money.

KEC personnel contacted me and asked for site clearance, which I could not provide as I had to leave the organization in a hurry and did not obtain the clearances. I do not have any outstanding dues except for one issue - I could not serve a 3-month notice period which was required. The money is pending with KEC Trustees.

Question: Can an Employer Refuse PF Transfer?

Now, my question is, can an employer refuse to pay/transfer an employee's PF money in my case? Please help me and provide the appropriate solution so that I can get my PF money transferred.

No employer can refuse your PF money under any circumstances. If they do, they would be in default. The PF department has made a rule that if an employer does not sign the PF withdrawal form of an employee, the employee can have the form signed by any gazetted officer and submit it to the PF department. The claim will then be processed.

In your situation, your old employer has no role to play. Your current employer should fill out the form and submit it to the PF department.

Regards,
Sunil

Thank you for responding. My current employer has already sent a fund transfer form (perhaps Form 13) with all relevant details/documents and a copy to me in July 08. I have the completed form and letter with me as well.

In my case, the PF amount is with KEC PF TRUST, not with the government PF/EPF Department. What should be my next step?

Regards,
Vineet