Can I Retrieve My PF Money After 2 Years Without My Previous Employer's Clearance?

I left my previous company 2 years ago without serving notice. Now, I am working with a new company, and they opened a new PF account 2 years ago. My previous company is saying, "Pay us a huge amount against your notice period, then we will sign your PF form; otherwise, no relieving and no clearance" (They are asking for a very huge amount, 5 times my PF, so it is not possible).

I read, "If I undersign the form with a gazetted officer and submit it to the PF office, you can get the amount back," but also read that it is valid only if done within one year of leaving the job. Is it possible to get my PF money back? I have the account number. If yes, please elaborate on the process. I will be very thankful.

Options for Accessing Previous PF Accumulations

If you want to get the previous accumulations cashed, you can get your PF forms (Form 19 and 10C) attested by a Gazetted Officer or Bank Manager (manager of the bank to which the amount is to be transferred) and send it to the PF office. However, in some PF offices, they refuse to accept these kinds of forms, stating that the signature of the previous employer is required. I don't find any logic in it.

Alternatively, you can transfer the amount in the old account to the new PF account with the present employer using the transfer form (Form 13). However, the revised Form 13 contains a provision for the previous employer's signature. In any case, if you send it for withdrawal or transfer, the previous employer cannot reject it for want of notice pay or compensation, which is outside the purview of PF.

Regards,
Madhu.T.K

As you have mentioned that you are now working with another organization and you are an EPF member as well, it is better and recommended to transfer the old PF & Pension Fund to the new EPF account. Your previous employer cannot interrupt this process.

To proceed with the transfer, you simply need to fill out Form-13, have it attested by your current employer, and submit it to the EPF office where your current EPF account is maintained.

Hope this information is helpful.

Form 13 and Employer Notification

If I fill Form 13, will my previous employer get to know about it? Also, I only have a PF account number slip; I don't have pension account number details.

PF Account Locations

One more thing, my previous PF account was in Delhi, and the current one is in Noida. Is it fine?

Submission Clarification

One clarification: do I have to submit it to my current PF office, which is in Noida?

Form 13 Submission for PF Transfer

Under the new Form 13, either the present or previous employer can attest the form and submit it. If the form is submitted through the previous employer, the transfer is likely to be made faster. However, if the previous employer is not going to submit it on time, you can send it through the present employer as well. If the present employer is submitting it, it should be submitted to the office where their accounts are maintained.

I have attached Form 13 for your reference. It is self-explanatory. Please go through it.

Regards,
Madhu.T.K

Dear Manoj,

As Madhur Sir has already explained, I would also like to clarify your points:

1. If you fill out Form-13, it is not necessary for your previous employer to know about it.

2. For a PF Member, the PF Fund Account Number and Pension Account Number are always the same.

3. There is no problem if your old account is in Delhi and the new one is in Noida.

4. Yes, you will have to submit it in Noida.

In view of all the above, I suggest you fill out Form-13 and get it attested by your present employer. After that, submit it at the Noida EPF Office. It can be submitted by hand or through Registered/Speed Post only.

Hope this will help you. Cheers.

EPFO Online Transfer Facility

EPFO is not accepting hard copies of Form 13. EPFO has introduced an online transfer facility. Members need to register on the members' portal and check the eligibility for online transfer. If both the previous and present employers have verified digital signatures, then you can submit the transfer form online. Attestation will be done either through the present employer or the previous employer.

Regards

I tried submitting the request online; however, I received the following error:

Error Message:

SINCE THE PREVIOUS ESTABLISHMENT ID DSNHP0021754000 HAS NOT REGISTERED THE DIGITAL SIGNATURES OF THEIR AUTHORISED SIGNATORIES, YOU CANNOT SUBMIT THE TRANSFER CLAIM ONLINE. IT IS ADVISED TO SUBMIT PHYSICAL CLAIM THROUGH THE PREVIOUS OR PRESENT EMPLOYER.

Can I fill out the hard copy and submit it now?

Since it is not mandatory to fill out the form online only, you can also submit the hard copy, which can be attested by the present employer. As Mr. Essykkr has mentioned, there is no circular from EPFO stating that they will not accept Form-13 in hard copy. Therefore, go ahead with the hard copy; it will solve your problem.

Thank you all for the help. One more question: "Once I submit my form to the PF office, will this form go to my previous employer for verification by the PF office?" I didn't want to tell them that I am working in Noida. "As I told them while leaving that I am going to my hometown and will not be able to pay against NP."

The form need not necessarily be sent to the previous employer by the EPF Organisation, but they will ask the previous employer to send the service break certificate, and sometimes Form 5 and Form 10 as well, depending on the system in the PF Office.

I don't think that once you have left the organization, you should be very concerned about the issue of the notice period and leaving without paying the notice pay. If you have not completed the process of relieving, you should accept it as a fault on your side. If something had driven the entire situation, then forget it.

Regards,
Madhu.T.K

Thank you, everyone, for helping me. I just wanted to confirm one more thing – if I fill out the hard copy, will my previous employer get to know about it, or will my form be sent to them for verification? I informed them that I am going to my hometown and will not be able to pay the amount against my notice period (as they were asking for a huge sum, the complete salary of three months, not just the basic). Therefore, I don't want to let them know. Please suggest.

Hi Madhu sir, thanks for the information. What I understood is that I don't need to worry about it. Let me just tell you, "they called me several times to pay the notice period amount, or else they will file a case against me." Therefore, I am a bit worried about it. If they know where I am currently working, they might give a bad response to my current employer or the PF Office. Please suggest what to do?

Regards,

Employer's Right to Provide References

Giving a reference about a former employee is solely the right of the employer. If you have any concerns about it, you should have resolved them amicably. Destroying an employee's career achieves nothing. Similarly, demanding three months' salary is akin to expecting someone to work for the company for free for three months, resulting in no gain for the employer. However, if the HR department is solely focused on money, then there is nothing more to be said except to comply with their directives. Nonetheless, even after fulfilling the financial obligations, they can still make your nights miserable. If your current employer is aware of all this, why should you be concerned?

Handling Provident Fund (PF) Concerns

Regarding the Provident Fund (PF), if they discover that you have joined another company, what is the issue? If you are concerned about this, you can opt to withdraw your PF by sending the forms directly to the PF Office after having them attested by your bank manager or a gazetted officer. This action will not imply that you have taken up employment elsewhere.

Regards,
Madhu.T.K

My present employer is completely convinced. However, I wanted to get my PF amount, so I believe the withdrawal option will be a good one. Can you please tell me which forms need to be filled out? Also, where should I submit them?

Submission of PF Forms

My previous company's PF account was in South Delhi. Can I submit the form anywhere in Delhi, or is it mandatory to submit it at that specific branch?

Thank you.

You have to submit the forms, Form No. 19 and 10C, to the same office where your previous accounts are held.

Regards,
Madhu.T.K

If a physical copy of Form 13 (revised) is filed with the present employer for attestation, your previous employer does not come into the picture at all. It is the EPFO's responsibility to check your account and credit the proceeds to the new account.

You have to submit a physical copy of Form 13 (revised) to the EPFO office of your present employer, and they will proceed with it.