Stuck with PF Withdrawal Issues from Old Job – How Can I Resolve This with My New Employer?

Hi, I am working as an HR Generalist in an Interior Design Company. I worked in a company for 2 years and 2 months. There was no systematic approach, so I left the company without a resignation letter. Regarding my resignation, I informed them 3 months in advance as I hadn't received any appointment letter. Now, they are not signing my PF withdrawal form. In my new company, I opted for PF, and my new employer is advising me to withdraw PF from the previous employer. Otherwise, the PF liability will fall on the company.

Please suggest what I should do next.

Thanks & Regards

PF Transfer and Withdrawal Guidance

You have been a member of the PF and should transfer it. If you have not remained unemployed for 2 months after separation, then you can't withdraw. It is unfair and illegal too. Your company is asking you to withdraw to shed off its legal liability to cover you in PF and pay PF contribution, and you seem to be willing to not be a member of PF and hence be misled.

Your benefit is to remain a member. Therefore, you may submit PF transfer forms through the current employer under proper acknowledgment. You don't need your past employer for the transfer of PF.

Resignation and Final Settlement

You had notified the company by notice of resignation in the office in person sufficiently in advance, and you can submit the notice as well as the final resignation by post. If you have submitted it by post, then you can attach the copy and supply it to the good offices of the appointing authority, MD, and demand to supply you the acknowledgment and acceptance of notice/resignation, service certificate, relieving letter, correct FnF statement, payment of FnF wages (including earned wages, Bonus, leave encashment, etc.), PF number and a/c slips of each year, ESIC card, salary slips of each month, Form16 as per correct FnF statement, etc.

Handling Employer's Non-Compliance

Your past employer might have either:
- Not struck off your name from muster, and in such a case, may decline to attest your PF forms. However, in such a case, it might be violating its policies that might state that in case of unauthorized absence beyond a certain number of days, the employee shall lose lien on employment and shall be terminated.

Model Standing Orders lay down clear guidelines in such respect, and HR policy/service rules and regulations/Conduct and Discipline rules of your past employer might have similar clauses on it.
- Declared you 'Absconder/Absconding/on unauthorized absence' and hence may still treat you 'Not Relieved' and hence may not attest your PF Forms.

You would need to handle this situation successfully and mind what you say and what you write. Your able Labor Law Consultant/Service Matters lawyer and even Employee's/Trade Unions Leaders can guide you and help you. Employees should always avoid acting on their own and consult beforehand rather than acting erratically. If you were not happy, then you should state it in writing to the good offices and build a favorable written record.

Declaration of Past Employment

Have you declared your past employment to your current employer?

Regards

If you wish to withdraw your PF and your employer is refusing to sign the form, you can have it signed by any State Bank official with the necessary authority. Additionally, you can visit the Assistant P.F. Commissioner, who can sign your form after verifying your employment.

Transfer of PF from Old to New Employer

Transferring your Provident Fund (PF) from an old to a new employer no longer requires the signature of the previous employer. Please check online at the PF website, as the procedure is very clearly provided.

In any case, the money does not go to the company, regardless of whether you withdraw, transfer, or leave it there. If that is what your HR is saying, obviously, they know nothing about PF and its rules.