Struggling to Withdraw PF Due to Notice Period Dispute – Need Advice on Employer's Demands

Hello Sir, I am Sapna, currently working as a Sr Executive - Liaison in the Corporate Office for the last 4.5 months. Prior to this, I was working with an MNC company in the night shift. As per the previous company's norms, employees need to serve a 2-month notice period before leaving. However, I believe a 2-month notice period is too long for any employee to serve, as other employers do not allow such a long span to join. Normally, you have to serve a one-month notice period or pay one month's salary. My current employer wanted me to join immediately as per their requirement, and they couldn't wait for 2 months. As I didn't want to miss such a great opportunity, I resigned. For this, I forfeited my 1 month's salary and leave encashment amount with the previous employer. But now, the previous employer wants me to pay 1 more month's salary. I received a full and final letter where my F&F is Rs. 22,000.

I worked there for 22 months and Rs. 1,212 was deducted per month as a PF amount, which is now Rs. 26,664 + employer's contribution Rs. 26,664 = Rs. 53,328. Now they are not ready to release my PF amount. To claim my PF, I need the employer's stamp, and they are not going to provide it until I pay the 1 more month's salary (Rs. 22,000).

As per my understanding, it's my salary part (PF) and the government's contribution, so why are employers making such rules and regulations that are not feasible for any employee? They want employees to join in 15 days, but when someone resigns, they demand a 2-month notice period. They gave me 15 days to join, and the same applies to other employers as well.

Request you to please share your view. Please suggest.

Thanks,

Don't worry, no employer can stop PF for any employee. First of all, fill up your PF withdrawal form and attach the required documents to it. Then, get it attested by any gazetted officer and submit it to the regional PF office.

Thanks/Regards,
Amit Kumar

I also wrote a letter to the regional PF office in which I mentioned that your previous employer refused to fill up the PF form.

Thanks/Regards,
Amit Kumar

I wanted to ask you one more thing related to the same. In this case, will I receive my relieving and experience letter or not?

As you mentioned, your employer required a 2-month notice period, and you have already forfeited one month's salary. If this condition is stated in your appointment letter, then you are obligated to pay a total of 2 months' salary. Once settled, they will release you properly and provide you with the relevant letters. Additionally, please note that according to the terms, they require either a 2-month notice period or the equivalent salary in lieu of notice.

Why have you not utilized your leave encashment? Ideally, you should receive this amount in your Full and Final settlement, along with other entitled emoluments.

I hope you find insight from my message.

Regards

As Mr. Amit said, fill out the PF withdrawal forms and get them signed and sealed by any Gazetted officer, then submit them directly to the PF office. Furthermore, if the PF personnel insist that your PF forms should be signed and attested only by your previous employer, you should clearly explain the situation to them.