Stuck Without My EPF for 3 Years: How Can I Resolve This HR and PF Office Standoff?

Dear All,

I was working as a Territory Manager (Branch Manager) with Reliance Life, Fort, Mumbai from November 2009. I had resigned from Reliance Life in May 2011, as I was told to leave due to a branch merger and other reasons. I was instructed to resign with immediate effect, and my notice period would be waived off. I sent the resignation copy via email to my senior and also submitted the office keys, visiting cards, etc., to branch operations.

After about three months, I received two letters from HR stating that I had been absconding from service and terminated from the system. I was also instructed to pay around Rs. 30,000 to RLIC, after which they would release my EPF amount (notice period money). I refused to pay the money as I was instructed to leave immediately, despite delivering good performance, and my bosses had assured me that the notice period amount would be waived off.

I was informed that my immediate senior (Sr. TM) and his senior (RM) had left the company, and HR could not verify if I had submitted a resignation or had left as absconding. I showed them the email copy which was sent from the official email ID, but HR refused to listen. Now, I am in urgent need of funds for my cousin sister's marriage, so I reapplied for the EPF amount. The company declined my request, stating that I needed to pay my notice period first.

After reading various posts about EPF, I visited the Bandra office to submit my form, with attestation from HDFC Bank's Branch Manager instead of the Company HR's signature. I also wrote a letter to the EPF commissioner, which was attached along with the form. This was submitted on 15th December 2013. After a month, the status showed as "Claim Rejected" for not having the company's signature and seal on the PF Form.

I met the Assistant EPF Commissioner who said he would look into the matter, but the Group 5 staff mentioned that unless the company returns the form to the PF office, they cannot take any action. The company provides various details about the contribution amount, days of employment, dates of joining and leaving, etc. I was also informed that if the company chooses to hold my EPF, they have the authority to do so by not submitting my details, and the PF Office cannot intervene.

I kindly request your suggestions on what actions I should take to secure my EPF amount.

Regards,
Indranil Banerji

[Phone Number Removed For Privacy Reasons]
EPF No: MH/48439/64932
EPF office: Bandra, Corporate 1, Group 5.

Here is the first thing that all the members would like to know: Who told you to resign with immediate effect? How was this conveyed to you? Did you receive an acceptance of the resignation?

As you sent the resignation email from your official mail ID, did you keep your personal email ID as CC or BCC? Did you take any clearance/acknowledgment while handing over the charge, like a xerox copy or anything else? This information will be helpful while considering your matter.

Although the way you claimed for EPF Withdrawal should be accepted by the EPFO, it is possible that due to the organization being a big one, the EPFO is not helping you. It might be necessary for you to move forward with litigation for your rights.

Thank you.

Thank you for your reply.

Reply to Mr. B C Arya's Questions:

1. My Super Senior (Regional Manager) told me to resign as the branches were getting merged.
2. This was conveyed verbally.
3. I had sent the resignation by email and was told that I would receive acceptance and that dues would be settled in full and final settlement, approximately in a month from HR.
4. Yes, I have a CC copy of the resignation.
5. I was not given acknowledgment by branch operations. He said that an email has been sent to HR and all communications of "Resignation acceptance, Material handed over, etc." will be provided by HR.

Since my RM was aware of all this, I did not bother further. I have set up my own business now, hence the option to transfer EPF is not possible. I need the funds for my cousin's marriage.

Regards.

Dear Indranil Ji,

As per the information provided by you, I suggest that you first write a letter to your HR referencing your EPF withdrawal. In the letter, detail the entire situation. Attach a copy of the resignation email, EPF withdrawal forms duly filled with personal details, and signed, along with a cancelled cheque. Request them to process and settle your EPF claim. Copy this letter to Sr. TM and RM, and also CC RPFC, Bandra. Send these letters via Speed/Regd. post only, and maintain communication solely through Speed/Regd. Post Only.

Kind Regards,
[Your Name]

I spoke with HR, but I was told to first settle Rs 30,000 as dues, after which they will process my PF. Kindly suggest if there is any other way in which I can get my EPF amount without getting harassed, or am I completely at the mercy of the Company.

Thanks & Regards.

I already suggested you write a letter to your HR regarding your EPF withdrawal, but you are still calling them! Write to them as I specified above, and I am sure it will help you. If they do not attest your EPF withdrawal form, you can directly write to the EPFO with reference to the earlier sent letter stating that your employer is not attesting your EPF withdrawal form. Kindly do the needful. Always communicate through Speed/Registered Post.

Thank you.

Dear Indranil,

I hope you have applied all the efforts to settle your EPF dues. While your employer is not keen to settle the EPF amount due to a short notice recovery from their end, HR would be pressured to make the recovery before settling the EPF. This is the only way they have to recover the short-notice pay from you. However, this is neither legal nor ethical.

Option for Legal Assistance

One option remaining for you is to get in touch with a Labour Law Advocate along with all the evidence you have that can support your statement. It is important to prove that you were asked to resign and were assured of a waiver of notice.

Serving a Notice

Serve a notice to your employer for not settling your PF dues, with a CC to RPFC. I hope you will receive a quick response and resolution.

Regards,
Jitender