Struggling to Get Relieving Documents and PF Withdrawal: How Can My Friend Resolve This?

My friend has worked with ESSAR company in Odisha for more than 3 years. Now, he has switched his job to a new company in Maharashtra state. He provided a proper resignation upon leaving the company, which has been accepted. He has been following up with the company for the past year for his relieving documents and PF withdrawal, but the company's HR is not responding. He has no other option but to file a complaint with the labor court. Can anyone please guide me more on this issue?

Regards

Such matters will not be entertained by the Labour Court. However, he can file a complaint before the Assistant Provident Fund Commissioner, who will direct the company to get things done.

Regards,
Madhu.T.K

First of all, I would like to thank you for your prompt and quick response. I have some other questions to ask. Where does he need to file the complaint? The earlier services were in Odisha, and now he is working in Pune, Maharashtra. Should he file the complaint in Odisha or Maharashtra? Is there any facility for online complaints on the EPFO site? I think that by complaining to the Asst. PF commissioner, it will only resolve the PF matter. Will it also be helpful in obtaining other relieving documents? Please guide me on this issue as well.

Thank you.

If he has joined a company in Maharashtra now, how can he withdraw his PF? He is instead required to transfer the PF amount to his new company. For that purpose, he does not need any document from the company. He needs to file the relevant form with his new company for the transfer. There is no need for the signature of the previous employer.

As rightly said by Saswata, he is actually expected to get the PF transferred to the new PF account. Anyway, if he desires to withdraw it, then the complaint has to be given to the PF Office at Orissa.

Relieving Documents

For other relieving documents, he has to approach the appropriate authorities only. That means, if he has not been given a service certificate, which is issued by the employer, he has to approach the employer, the HR head, or the MD only. In such matters, the department cannot interfere. Of course, the Shops and Commercial Establishments Act of some states (like Kerala) has a provision that every employee who has left should be given a service certificate. If the Orissa state Act also has that provision, he can approach the Labour Inspector or Officer, who is the appropriate authority under the Act, and seek his help. However, in respect of a factory or mine, there is no such provision under the present Acts, though there has been a proposal to protect the workers from the unfair acts of the employer by incorporating such a provision in the new Act, viz., the Small Factories (Regulation of Employment and Conditions of Service) Act.

Another important thing to be remembered is that nothing in these Acts will apply to an employee who has been working in a managerial capacity.

Regards,
Madhu.T.K