EPF Withdrawal Frustration: Why Must I Go Through HR Instead of Applying Directly?

My application to the EPF office was rejected because I applied directly. Why can't I apply directly instead of going through company HR, who are not cooperating? Is there a rule regarding this?

Dear Sid.biswal123,

Please explain your situation with more clarity.

- Are you still working with your employer? If yes, why do you need to withdraw your PF?
- If you resigned and want to withdraw your PF, you have to fill out Form 19 & 10C and get it signed by the authorized signatories from the HR department. Has this been done?
- If they did not sign your PF copies, what is the reason?
- Why did you approach the PF office directly?

Furthermore, why will the HR not cooperate with you? No employer has the right to stop the PF of any employee. In addition, the employee can withdraw their PF on their own, but the forms need to be signed by their employer prior to submission. If there isn't any glitch, but still the employer obstructs the employee, the employee may take a signature from any gazetted officer and submit it to the PF office.

We would definitely appreciate a response to the above inquiries to ensure that other members can post their views. Thanks!

1. No, I left the employment 2 years ago.

2. They were not even providing me with PF forms, so I applied directly. Can I ask the Head Office to get it signed as the state HR is not cooperating? They were not even forwarding my settlement forms, which they ultimately did after I complained to the Head Office.

3. The local HR was in cahoots with the sales team, against whom I had complained to the Head Office, leading to animosity. The Head Office intervened, and thus, I got the final settlement.

4. I had taken attestation from a gazetted officer but not the company's signature. Why did the EPF office decline my request?

Responsibility of Previous Employer for PF Withdrawal

It is the responsibility of your previous employer to update you regarding the withdrawal of your PF when you resigned. As I mentioned earlier, no employer has the right to withhold your PF amount. I would also like to highlight that there is no limitation on the period for withdrawal.

Steps to Withdraw PF

Possibly, write a letter to your Head Office (HO) and ask them to send you the PF withdrawal forms (19 and 10C). Fill out the form, sign it, get the gazetted officer's signature, and affix a revenue stamp to it. Provide your bank account number, stating that you have been unemployed for 2 years, and submit it at the EPF regional office. They will guide you on the next procedure.

Transferring PF to Current Employer

If you are working in an organization, a simpler way is to request your present employer to transfer your PF amount to the current organization's PF account. The HR will fill out and submit Form 13 to the PF office for further processing.

Note: There is no time constraint for PF withdrawal or PF transfer.

The best solution is to transfer that PF amount by applying Form-13 in your new company. However, if you want to encash your PF amount, please inquire why the application was rejected at the PF office, or you can contact the Regional PF inspector. They will help you. It's your right, and you will get it.

Regards,
Robin Dhyani

Please reapply to the provident fund office with an application stating that the employer is refusing to attest the forms for withdrawal. Kindly request to have the form attested through the office. We hope the office will address your concerns.

Regards,

If you are not getting your Form 19 and Form 10c (Withdrawal) attested by your current employer, you can get them signed by any Gazetted officer and then directly meet the PF Commissioner, who is always approachable at the EPF Office. Seek his advice; he would be the right person to help with the PF withdrawal processing.

If you have already applied for withdrawal as you have mentioned above, it is better to check the status of your claim online and then meet the concerned AG section in the PF Office. If you don't get a proper response, it's advisable to meet the PF Commissioner. You will definitely receive a response on your claim.

Could you please let me know which EPF office you belong to? If you are from Hyderabad, I can provide you with the contacts of the local EPF Offices to help you get your work done smoothly.

Sometimes, all the formalities are completed except for the signatures by the authorized representative of the employer. In such cases, if the PF office rejects the claim, what should be done? I have encountered a case where a member submitted all the required details, including the following documents, but still had their claim rejected. The PF office sent the papers back to the employer for attestation.

Documents Submitted

The submitted papers included:

1. Form 19 & 10-C duly attested by a bank official.
2. Affidavit cum Indemnity Bond duly attested by a Notary Public declaring no prior withdrawal of PF amount.
3. Date of joining and date of leaving along with salary slips.
4. Copy of the bank passbook duly attested, with MICR code and IFSC code imprinted on it.
5. Attested photocopy of the ration card.
6. Blank cancelled cheque.

In this particular case, what steps should be taken? I would appreciate any advice from members. Thank you very much.

Regards,
Raj

Thank you for the response from all members. I had my documents attested by a gazetted officer, but they were still rejected. Why such a draconian rule? Why do I have to plead for something that I have rightfully earned? All my PFs are in Mumbai. They didn't even send my forms to the company for attestation; they rejected it entirely. If attestation by the employer is not mandatory, then why are they rejecting it?

Though there must be some reason with the employer for not attesting the claim forms, legally speaking, no employer has the right to withhold the claim forms or refuse to attest them.

Suggested Actions for Claim Form Attestation

- Either get the forms attested by the bank manager along with a copy of the passbook and submit them to the RPFC, giving reasons for such a step if the service has been left within one year of submission of the claim, or
- Submit the claim forms with a forwarding letter to the RPFC, stating the full facts and requesting him to get the claim forms attested by the employer through his Enforcement Officer.

Best regards

Please meet the PF commissioner with your rejected claim and seek guidance. It would be better for you.

Regards