Can I Withdraw My PF If My Employer Stopped Paying? Seeking Advice on Next Steps

I worked for a company from 2014 and resigned in August 2017. The company is on the verge of winding up, and I have realized they have not paid my PF since October 2016. Can I withdraw my PF in this situation? Before leaving, I had my employer sign Form 19 and 10C, but they requested some time to process my PF contributions. Now, I am in need of the money, and they have not processed my contributions. Can I submit these forms with my resignation date as September 2016 (the last date my employer paid PF) to withdraw the money? Will this cause trouble for me or my employer? I do not want to cause them trouble, but I need the PF they paid at least. What if they process my contributions after I withdraw my PF in this manner? Will I receive the balance amount at a later date?

Kindly advise.

The company cannot stop your PF withdrawal. If you know your EPFO credentials, you can withdraw online with the help of your company's digital signature. You mentioned that your company has not been contributing since October 2016. What is the reason for this lack of contribution? If the contribution has stopped for two months, you are eligible to apply for PF. In your case, you can apply for PF from January 2017 onwards. When submitting your Form 10C, you need to provide your bank details so that your PF can be deposited directly into your bank account.

If your company is winding up, ensure the employer's contribution is included before you withdraw. If your employer is not responding regarding your PF, you can go directly to the labor court and file a petition against your company.

If you think you don't want to cause trouble for your company's employees, consider leaving this case because it is a mutual concern, and both you and company officials need to participate. You also mentioned that your contribution and the company's contribution are different. When withdrawing the amount, both contributions must be deposited into one account.

What if a company is intentionally not paying both employee and employer contributions?

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Hi,

Thank you for your question. If a company is intentionally not paying both the employee and employer contributions, it could be a serious issue. This behavior may violate labor laws and put the company at risk of legal action. Employees rely on these contributions for their future financial security, so it is crucial that companies fulfill their obligations in this regard. If you suspect that a company is engaging in this type of behavior, it may be necessary to report it to the relevant authorities for investigation.

Please let me know if you need any further assistance or information on this matter.

Best regards