Indranil Banerji
Dear All, Greetings !!!

I was working as a Territory Manager (Branch Manager) with Reliance Life, Fort, Mumbai from Nov' 2009.

I had resigned from Reliance Life in May' 2011, as I was told to leave due to branch merger and other reasons...

I was told to resign with immediate effect and that my notice period will be waved off.

I had sent the resignation copy on email to my senior and had also submitted the office keys, visiting cards, etc to branch ops...

After about 3 months, I got 2 letters from HR saying that I have been Absconding from service and Terminated from the system.

I was also told to pay around Rs. 30,000 to RLIC after which they would release my EPF amount. (Notice period money).

I refused to pay the money as I was told to leave on immediate basis, inspite of giving good performance, and my boss'es had assured me that the notice period amount will be waved off...

I was told that My immediate senior (Sr. TM) and his senior (RM) had left the company and HR cannot verify if I had given resignation or had left as Absconding.

I showed them the email copy which was sent on official email id, but the HR refused to listen...

It is now, that I am in urgent need of funds, for my cousin sister's marriage, that I re-applied for EPF amount.

The company refused the same saying I need to pay my Notice period first.

After seeing various posts about EPF, I went to bandra office to submit my form, by taking attestation from HDFC Bank's Branch Manager, instead of the Company HR's Sign.

I also wrote a letter to the EPF commissioner which was attached along with the form...

This was submitted on 15th Dec' 2013. After a month, the status showed as "Claim Rejected" for not giving company's Sign and Seal in PF Form...

I met the Asst. EPF Commissioner who told me that He will look into the same, but the Group 5 staff said that unless the company returns the form back to the pf office, they can not do anything.

The company gives various details about the contribution amount, days of employment, Dates of joining and leaving, etc...

I am also told that if the company wants to hold my EPF, they can do the same by not submitting my details and PF Office cannot do anything...

Request you to kindly suggest what action needs to be taken from my side so that I get my EPF amount...

Regards,

Indranil Banerji.

Mobile : 8600 80 3939

EPF No : MH / 48439 / 64932

EPF office : Bandra, Corporate 1, Group 5.

From India, Thane
bcarya
162

Dear Indranil Ji,
Here the first thing, which all the members would like to know that:
Who told you to resign with immediate effect..??
How this was conveyed to you..??
Did you got the acceptance of Resignation..??
As you sent the resignation e-mail from your official mail id, did you kept your personnel e-mail id as CC or BCC..??
Did you took any clearance / acknowledgment while handing over the charge, like xerox copy or anything else..??
This information will be helpful while considering your matter.
Although, the way you claimed for EPF Withdrawal should be accepted by the EPFO.
But, as organization is a big one, so might be possible that's why EPFO is not helping you.
So might be possible that, you will have to move forward with litigation for your right..!!

From India, Delhi
Anonymous
3

Dear Indranil Banerji,
In the EPF Form 2 authorization are fully power to attest the EPF Form:-
1. Your Bank Manager.
2. Your District Magistrate.
They both attest the EPF Claim Form. In another hand you can transfer this fund to other Company's EPF No. With Form No. 13 (which can took from your EPF Office).

From India, Ludhiana
Indranil Banerji
Thank You for your Reply...
Reply of Mr. B C Arya's questions :
1 My Super Senior (Regional Manager) told me to resign as the branches were getting merged..
2 This was conveyed Verbally…
3 I had sent the resignation by email and was told that I will get acceptance and dues settled in full and final settlement, approx in a month from the HR.
4 Yes, I hace a CC copy of resignation…
5 I was not given acknowledgement by branch ops… He said that an email has been sent to HR and all communications of “Resignation acceptance, Material handed over, etc” will be given by HR.
Since my RM was aware of all this, I did not bother further…
I have set up my own business now... Hence the option to transfer EPF is not possible.
And I need the funds for my cousin's marriage...
Regards.

From India, Thane
bcarya
162

Dear Indranil Ji,
As the information given by you, I'll suggest you to first of all write a letter to your HR in reference for your EPF W/drawl and mention all the scene in that letter. Also attach a copy of the resignation e-mail and EPF W/d Forms duly filled (personnel details) & signed along with one cancelled cheque, and request them to settle your EPF Claim. Mark CC of that letter to Sr. TM and RM also along with CC to RPFC, Bandra. Send these letter through Speed / Regd. post only, and keep the communication only through Speed / Regd. Post Only.

From India, Delhi
Indranil Banerji
Greetings !!!
I spoke with HR, but I am told to first settle Rs 30,000 as dues, after which they will process my PF...
Kindly suggest if there is any other way in which I can get my EPF amount without getting harassed, or am I completely at the mercy of the Company...
Thanks & Regards.

From India, Thane
bcarya
162

Dear Indranil Ji,
I already suggested you to write a letter to your HR in reference for your EPF W/drawl, but still you are calling them..!!
Write them as I specified above, and I am sure that it will help you.
After that also, if they didn't attest your EPF W/d Form, then you can directly write to EPFO with reference to earlier sent letter that your employer is not attesting your epf w/d form. So, kindly do the needful. And be sure, always communicate through Speed / Regd. Post.

From India, Delhi
jitendersyadav
68

Dear Indranil,
I hope you have applied all the efforts to get settled your EPF dues, while your employer is not keen to settle the EPF amount as there is short notice recovery from their end and HR would be pressurise to do the recovery before settle the EPF. They have only that way to recover the short-notice pay from you. But neither this legal nor ethical.
One way left with you is get in touch with Labour Law Advocate alongwith all the evidence you have, which can prove your statement. One more thing is that you have to prove that you had been asked to resign & assured to waive off the notice.
Get served a notice to employer for not settling your PF dues with a CC to RPFC. I hope you will get the quick response & resolution.
Rgds/Jitender

From India, New Delhi
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