Facing Issues with PF Withdrawal? How to Navigate It Without Company Help

If a company is causing trouble with the withdrawal of PF, what can be done to withdraw it without relying on the company's assistance?

For PF withdrawal, your company must provide a breakdown of your salary, and their seal and signature are necessary. You cannot submit the form directly without their signatures and breakdown. If you can have your form signed by the employer, then you can submit it directly to the PF Office.

As per the act, it is mandatory for any company to address all regulatory issues like PF, gratuity, etc. In this case, employees can get in touch with HR for the submission of the PF withdrawal form. If the company no longer exists, the employee can contact the nearest PF Office.

Please note, on the withdrawal forms i.e., EPF, EFP, the signature of the employer is not mandatory. The meaning of the employer's signature is that they authenticate the claimant and his/her signature. It can be done by a Class 1 Officer, Gazetted officer, etc.

If the employer does not submit the relevant information i.e., Form No.10, Break certificate, 3A, etc., to the EPF department, the claim will not be settled or will be withheld. In that case, the employee can file a complaint against the said company/employer with the PF commissioner by presenting the facts. The PF authority will compel the company to submit the necessary information/documents, etc.

Rather than waiting until the submission of withdrawal forms, the claimant can write to the PF Commissioner stating that the company/employer is not cooperating with the withdrawal claim and present the facts. The PF department will take the necessary action against the company/employer.

Regards,
Pramod Thakar
[Email Removed For Privacy Reasons]

Even though there are grievance procedures in place at the PF office, you can still apply to them by submitting a written application. Please let me know if you require any further assistance.

Exactly, Pramod! But this will not bring an amicable solution to the problem, and it will get delayed. For a better situation, let's first understand why employers are delaying compliance. Try once with HR to solve this problem and try to convince them. If not, then proceed as suggested by Mr. Pramod.

You can send the PF withdrawal form by Registered AD also because the rule states that after the receipt of the form, it should be forwarded to the PF department within 5 days.

Mangesh Wakodkar
Aurangabad

I have also gone through this process. Anyone can fill out the claim forms 10 & 19, duly attested by your bank branch manager or any gazetted officer, and submit them to the area PF office where your company is registered. The rest of the process will be handled automatically by the PF office and your ex-employer. You should receive it within 45 days, assuming all other conditions are met.

PF Settlement Form Instructions

You can see the PF settlement form instructions. It clearly mentions how to apply if the employer is not cooperating for settlement.

Para 6

If the member is unable to send the application through the employer or have it duly attested by them for any reason whatsoever, they may forward the claims duly signed in the presence of any one of the following authorized officials and get it attested with their official seal:

1. Magistrate
2. A Gazetted Officer
3. Post/Sub postmaster
4. President of the village union
5. President of the village panchayat where there is no union board
6. Chairman/Secretary/member of the Municipal/District local body
7. Member of Parliament, Legislative Assembly
8. Member of the central board of trustees/Regional Committee Employees' Provident Fund
9. Manager of the bank in which the savings bank account is maintained
10. Head of any recognized educational institute
11. Any authorized official, as may be approved by the commissioner.

This is for your information.

Regards,
Alphonse
[Phone Number Removed For Privacy Reasons]

I agree with Mangesh. After all, an amicable mutual discussion is the best solution. However, if it does not work out, the PF legal provision is available, as explained by me and other experts.

You should post the withdrawal forms by Registered AD. After waiting a reasonable time, a notice should be sent to the company for non-compliance with the Payment of PF & Gratuity Act.

Regards,
SK Nigam

Just fill out the form properly and have it signed by the bank manager of your account, as indicated on the withdrawal form. Then submit it to the EPF office. Problem solved.

Stay cool,
Regards, Atom

PF Withdrawal Challenges and Solutions

If the company is causing trouble when withdrawing PF for any reason, such as personal relations with HR or other departments, what is the best solution to obtain the PF without relying on the company's assistance, like salary breakup, Form No. 10, 3A, etc.? Is there a specific process, department, or act in the PF office where our PF amount is deposited? If not, what is the solution? If yes, what is it? The PF amount is highly valuable for all employees, and there should be a way to withdraw the PF amount without any formalities from the company.

A similar situation occurred with one of my seniors. His relationship with management was not good, and he faced challenges for a minimum of 2 years after resignation. Eventually, he approached a senior officer in the PF office and filed a complaint against the company. The senior officer reviewed the PF records and ruled in his favor, resulting in him receiving his PF amount within 2-3 months.

With Regards,
Ajay

I have been working at a company for 2 years. I haven't received any PF slip until now. I am really concerned about this. Please help me with the further process so that I can obtain the PF slip.

Transferring PF to a New Company with a New Pension Scheme

Is it possible to transfer PF from one company to another if the second company is opting for the New Pension Scheme?

In response to your query, it is indeed possible to transfer your Provident Fund (PF) from one company to another, even if the second company has opted for the New Pension Scheme. However, there are certain conditions and procedures that need to be followed for the smooth transfer of your PF account. It is advisable to contact the HR department of both companies and the Provident Fund office for guidance on the specific steps you need to take to initiate the transfer process.

Please try to find out what the problem is with your employer. Then, send a return request for your PF withdrawal 2-3 times via email, registered post with acknowledgment due, with a duration of 8-10 days. If the employer still does not cooperate in submitting the required information to the PF office for your withdrawal, then go directly to the PF Commissioner's office and file a complaint against your previous employer. Attach the return requests that you had previously submitted to your employer. Do not worry; you are entitled to your PF as the employer has no right to withhold it.

With Regards,
Vineet Deshmukh

Please visit your nearby PF office. They will train you on this. Now, everything is online, so it is better to take an appointment with PF officers and meet them.

Regards,
Praveen A

Dear sir, Greetings for the day, I have gone through your problem, and the solutions are as follows:

Steps to Withdraw PF Without Employer Assistance

1. Do you have your PF A/C No.? If yes, then simply fill out Form 19 & 10 C. Afterward, submit them to the concerned EPF office with a covering note explaining the whole situation, including why the employer is not willing to sign the withdrawal form. EPF officials will take action on the same.

2. If in your current employment EPF deduction is ongoing, simply fill out Form 13 and transfer your EPF accumulation to the current EPF A/C.

Hope this solution is sufficient.

Thanks & Regards,

Sumit Kumar Saxena, [Phone Number Removed For Privacy Reasons]

I would like to advise you regarding your kind reply - We can't say if the employer does not sign the claim form, it can't be processed. Here, it does not depend on the employer's willingness to sign but on how the member will react judiciously. An EPF member has the right to withdraw their amount from their own account; it is the member's property, not the employer's.

Advice:

1) Send the form to the employer through registered post.
2) If there is no reply, then submit the Claim Form to the Enforcement Officer of the jurisdiction along with a copy of the registered post receipt and a covering letter.
3) The officer's signature on the form is mostly valid in case the establishment is closed.

If I had this experience, I might hold the employer accountable. It is the member's hard-earned money from working for the employer to grow honestly.

Thanks,
Naresh Gadde
Hyderabad

The PF amount represents your savings during your service period, and no one can interrupt to access it. If someone causes such interruptions, you can file an application with the Labor Commissioner of your division to lodge a complaint against your previous employer.

Regards

I am writing from Chennai. I worked in a logistics company for the past seven years. However, I resigned from my position in June 2015 due to personal reasons. Despite this, the company has been creating obstacles for me in the process of leaving, especially in terms of releasing my Provident Fund (PF) account. I was a part of the sales department and consistently generated profits for the company each month.

After facing numerous challenges, I have finally been able to leave the company. However, they are now refusing to cooperate in submitting the necessary paperwork for the withdrawal of my PF funds. It seems like they are seeking revenge on me. In this situation, I am unsure how to proceed. Can I close my account without their cooperation and access my funds?

Thank you for your help.

Procedure for PF withdrawal has been simplified. Non-cooperation by an ex-employer cannot prevent your PF withdrawal. Refer to this website link for more information: http://www.jagoinvestor.com/2015/12/epf-withdrawal-process-forms.html

Issue with PF Withdrawal from Elder Pharmaceuticals

I worked with Elder Pharmaceuticals Limited (Ellife Division) as a Business Executive at the Delhi Head Office from 17/10/2006 to 09/09/2007. Unfortunately, I do not know my PF account number. Despite trying for the last two years to withdraw my PF, I have not succeeded. I sent my PF withdrawal form twice by speed post, along with all relevant documents, to the Elder Pharmaceuticals Delhi office (Speed Post No. EU5699448251IN) and the Bombay office (Speed Post No. EU667340271IN). I have also called Mr. Praveen at [Phone Number Removed For Privacy Reasons] and emailed Mr. Avesh Salvi at [Email Removed For Privacy Reasons] to follow up, but I have not received any satisfactory response or necessary details to resolve the issue.

I filed a grievance on 08/07/2015 with registration no. ROBND/E/2015/08444. However, on 11/08/2015, my grievance was closed with the statement, "The establishment informed that Mr. Pradeep Kumar is not an employee of their establishment," and I was requested to submit any documentary evidence to support my claim. In the comment section of the grievance page, I requested the name and address of the officer to whom I should submit documents, as all details on the grievance page are system-generated. This has not helped me. I could not find out the process for submitting documents.

I then filed another grievance on 16/10/2015 with registration number ROBND/E/2015/15002, requesting guidance regarding the document submission process in support of my grievance. Again, my grievance was closed, and I was informed, "After processing your grievance, the following action(s) have been taken: Without a PF number, we are unable to redress your grievance. Please confirm your PF number and submit the form, or you may contact your employer to get the PF number."

Please guide me on what legal action I should take against my company and what steps I should take to obtain my PF.

Hi all,

I have read all the comments here, but my problem is slightly different. When I was working in "X" company before my marriage, the PF account is under my maiden name. I had to leave the company because they were not granting me the maternity leave as required. Therefore, I did not serve the notice period, and for this reason, they are asking me to pay Rs. 50,000.

When I tried to withdraw PF through the online process, it is prompting me to validate my Aadhar card with the Previous Employer.

Kindly help.