Struggling to Withdraw PF After Employer Issues? Here's How to Navigate the Process

Hi,

I want to know the process of withdrawing the PF, but as my employer was not ready to relieve me and they wanted me to abscond as they said they cannot relieve me, is there any way that I can withdraw my PF? It was transferred from the 1st org to the 2nd and from the 2nd to the 3rd.

Please reply and help me regarding this issue.

Thanks, Mehaboob.

Hi,

According to the law, no employer can forcefully hold the employee or refuse to relieve him if he/she has served the notice of leaving/resignation as per the agreement, i.e., 1 or 2 months before. You may contact the Assistant Labour Commissioner and present your issue to him. But before this, you need to send a legal notice to your employer stating that you have abided by the terms of the contract of employment and accordingly, you have submitted your resignation. Failing which, you will have to take the legal course of action against him.

Hi Friend,

I think it is right. When it comes to withdrawing the PF amount, visit EPFO at EPFO. Hopefully, you might get some details on that website.

Regards,
Amith R.

Thank you so much for the prompt response. Unfortunately, what happened is that I put down my papers, and I didn't want to serve the notice period. So, I told my manager and HR that I wanted to buy out the notice period. They didn't respond, and when I asked them, they said it was their decision whether to accept the proposal for buying out the notice period. They also mentioned that they would not accept my resignation, insisting that I serve the notice period. I wasn't ready for it due to some personal reasons, which I explained to them. However, they disagreed and stated that if I didn't want to serve the notice period, I would need to abscond.

Now, I am in an emergency, and that's why I want to withdraw my PF. But I don't think they will be willing to help me if I approach them. It concerns me a lot as both my organizations' PF is in one account.

I am eagerly awaiting your response.

Dear Friend,

Well, PF is your amount and it's with the government body, not with the company. If you have not served the notice, then the company can hold back all the things that you are supposed to get from the company, but not the PF amount. They must help you to get your PF amount; it is the duty of the employer to guide you. In case of any delays, wait for some more days, and if the same continues for a longer period, you can go in a legal way to get your PF released.

All the best to you. Hope you will be able to withdraw your PF amount at the earliest.

Regards,
Amith R.

Dear Mehboob,

Please go and meet the Assistant PF Commissioner of your area. Show your PF number along with your employee ID card and ask for help. Legally speaking, unless your name is mentioned in form 10 (Leaving members) and the employer authenticates form 19 and 10c/10d, very little can be done. Try to resolve amicably.

Regards,
Bharadwaj