Can I Withdraw My Provident Fund Without My Employer's Approval After Resigning?

I worked in a company for 1 year and 4 months. I have left the company without serving the notice period. Now they are asking me to give Rs 5000, then only they will approve my PF withdrawal form. I want to know if I can directly go to the PF office and withdraw my provident fund. It has been two months since I resigned from the company.

You can withdraw your PF even though the employer does not attest your form. Your employer has no authority to hold your PF or stop it. It is maintained with the PF office, a government body, and your employer has no control over it.

However, before applying for the PF, make sure of two things: you must have your PF code number with you, and the employer has deposited your PF with the Department and has filed the necessary return with the office.

Now, just fill in the withdrawal form (10c and 19) and get it attested by your Bank Manager. You can submit this form at your regional PF office where your account is held. For additional weightage, you can enclose a letter addressed to the regional PF commissioner, explaining the reason for getting the form attested by your bank manager. It's as simple as that.

If you still have problems and need assistance, you can contact me at kkgoel@gmail.com.

Cheers, Kapil

Hi,

You cannot withdraw your PF and pension without the employer's attestation on the PF and pension withdrawal forms. Please remember that the amount consists of both yours and an equal share of the employer too.

Regards,
Aparna

Best thing would be to transfer the PF amount to your new PF account as it would be very simple to get the form signed by the new employer. The PF office would then transfer the PF amount from the old account to the new account.

You can do it by getting the Form No. 10C and 19 certified by even a gazetted officer, Executive Magistrate, or bank manager. Nobody in the world can stop you from withdrawing your own money.

Regards,
Anil

Quote: "Roking Star" :twisted: I worked in a company for 1 year and 4 months. I have left the company without serving the notice period, and now they are asking me to give Rs 5000; then only they will approve my PF withdrawal form. I want to know if I can directly go to the PF office and withdraw my provident fund. It has been two years since I resigned from the company.

Only if the provident fund is deposited and controlled by the trust employer, consent is a must.

Regards,
NKT

You can surely withdraw your money, but before doing anything, just speak with somebody in the regional PF office. As rightly said by Mr. Kapil, the money can surely be withdrawn, but you will have to take some pain in doing so.

Regards, Sachin

PF is never attached to any legal liability. No company can resist forwarding the claim of the employee to the PF authority if the person claims to the Regional Provident Fund Commissioner in writing about the facts. Legal actions are taken against the company, even amounting to imprisonment. So please approach the PF office. Equally, it is the duty of the company to keep their compliance updated with the PF authority. In case of delays in compliance, companies are taken to task, and 7A notices are issued against the companies. So be fearless and go ahead and contact your regional PF office.

Thanks & Regards,
Amal Shere

Dear Kapil,

As you mentioned, Form 10C and 19 can be attested by the Bank Manager. However, after the member submits the forms, the PF authorities are returning them to the employees due to the absence of Form-5, Form-10, and Form 3A. Ultimately, these forms should be sent to the employer. It is recommended that the member approach the employer, address any issues, collect all necessary documents, and only then submit them to the PF Office for prompt settlement.

You can get your PF form attested from the reconciliation officer of your local labor office. This is a sure remedy for your concerns. The employer cannot deny any information requested by the PF officials if the reconciliation officer is involved in the matter. This is a trusted solution. So, don't worry and take this step; even if you are unsure, you can consult the local labor office in your area.

Regards,

Service of notice for resigning from a job is an internal matter and not related to PF. If the employer does not sign the withdrawal form, there are two alternatives. If you have joined another establishment where PF is applicable, you can transfer your PF without needing the previous employer's signature. Alternatively, the withdrawal form can be signed by a Trustee member, MP, or others named in it. Proceed accordingly.

Madhu.T.K

Dear Madhu,

As you said, PF can be withdrawn or transferred to the present employee. For transfer, previous employer attestation is not required, I agree, but the PF authorities are returning to the previous employer for want of Form-5, Form-10, and Form-3A. While signing the withdrawal form by Trustee Member, MP, or Bank Manager, they don't have the details about Form-5, 10, and 3A, and they simply attest the signature of the Member. However, after submitting Form 10C and Form 19, PF authorities are returning the same for want of Form-5, 10, and 3A. It is my personal experience while processing the Withdrawal and Form-13 (Revised).

Regards,
Rapolu HS

Form 10 is sent to EPFO along with other monthly statements. Therefore, it should have been sent in the return month of one's resignation itself. Similarly, form 5 pertains to details of persons joining the EPF scheme in the wage month, which should also have been sent in the return month of his joining. The only thing is that details of contributions remitted in respect of the employee for the current year (if the resignation takes place in between) may not be available. It is the problem of EPFO to find out the same from the monthly returns (Form 3A).

In effect, the EPFO is not supposed to send it back to the employer for his signature. An employee is withdrawing his eligible amount, and the amount is computed as per the record of the EPFO. If the employee was removed from service for severe misconduct, the employer could have mentioned the same in form 10 itself. Therefore, I do not think that a signature by the employer should be insisted upon for withdrawal.

Madhu.T.K

Dear Sender,

Strictly speaking, no one can prevent you from withdrawing your PF. You can withdraw your PF by filling out Form 10c and 19 and having it attested by either a bank manager, a gazetted officer, or a magistrate. Then, submit the forms along with your covering letter to the RPFC.

L. Kumar

No, you cannot withdraw your P.F. amount without the consent of your employer. You can transfer the P.F. amount to your current P.F. account number with the consent of your present employer.

Neha Gupta
Faridabad

Form No. 3 A

It is the P.F. form in which we show the contribution of both the employee and employer of the current month. At the end of the year, i.e., 1st March, we send it to the Regional Provident Fund Commission along with Form No. 6.

Mahender Gupta from Faridabad

My native place is Sikkim, and I had worked in Bangalore. Due to some family problems, I left my job without giving any resignation. I am unable to go back to Bangalore, and after two years, I tried contacting my employer about my EPF account number as I need it to fill the form at my nearest EPF office. However, I have been unsuccessful in reaching him.

Steps to Obtain Your EPF Account Number

So, what can I do in order to obtain my EPF account number?

Regards

I was working in an India-based MNC in Gurgaon and was posted at their project site in Orissa. On 03.11.2013, I resigned and left the site. However, the company has neither provided me with clearance (NOC) nor issued a relieving letter. My full and final settlement is also pending.

Now, when attempting to withdraw my PF and contacting the Company's PF Cell in Vikhroli, Mumbai, they are requesting a Relieving Letter and a copy of my PAN.

The PF cell has also sent me two PDF forms. One is an Application addressed to "To The Secretary, ABC Company Ltd. (Name Changed), Provident Fund, Vikhroli, Mumbai" for the settlement of PF Dues. The second form is an "Advance Stamped Receipt" where the Bank Name is mentioned, with space for cheque number and date. The Advance Stamped Receipt needs to be attested by a Gazetted Officer or Notary Public.

I reached out over the phone for clarification, and they mentioned that the PF has been deposited in the Company's separate PF trust. Hence, no Form 19 & 10C are required for withdrawal. Only the Application to The Secretary needs to be sent along with the Advance Stamped Receipt, Relieving Letter, and a copy of the PAN Card.

I am perplexed as to why they are sharing this PF trust story. Your help in this matter would be greatly appreciated.

Regards,
Debasish Chakraborty

[Phone Number Removed For Privacy Reasons]
Kolkata