Hi,

I resigned from my job at the previous company on July 25th, 2008, and I submitted my PF withdrawal forms on August 10th, 2008. However, I haven't received my PF amount to date. Even the people at my current company are not willing to listen to my issues. Is there any other option to access my PF account?

Moreover, my PF account is located at the Delhi-Nehru Place office. I have tried to contact them (office personnel) twice a day, but nobody is answering the phone.

I submitted another set of PF withdrawal forms (2nd time) on May 20th, 2008, directly to the Delhi office along with Notary Public attestation.

Could you please advise me on how I can access my PF account and withdraw my PF amount?

Thank you.

From India, Madras
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Dear Sir/Madam,

I would like to bring to your attention that a notary public is not authorized to attest to your withdrawal form. I have submitted my PF withdrawal form attested by a notary public due to harassment and lack of cooperation from my employer. I kindly request the PF authorities to investigate this matter as I am facing significant difficulties. Failure to address this issue promptly may result in me escalating the matter to the consumer forum, for which you will be held responsible.

Please ensure a copy of this letter is provided to the Central Provident Commissioner.

I anticipate a prompt resolution to this matter.

Thank you.

J. S. Malik

From India, Delhi
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Dear Mohit, 1st conform your PF number is not a feck one, then write a letter to central commissioner by name regards MPT
From India, Mumbai
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Dear Mohit,

Withdrawing EPF Without Employer Signature

Following is the message for you, which I received from a friend in Chennai.

Yes! You Can Withdraw Your EPF Without Employer Signature

Do you know how to withdraw your EPF without an employer's signature? Do you think it's possible at all? Is your previous employer not signing your EPF withdrawal documents? Have you left your company long ago and now you cannot get your past employer's signatures? Or is your EPF withdrawal stuck because your employer is not supporting you or helping you in the withdrawal procedure? Perhaps your employer's relations with you have soured for some reason, and now they are not ready to cooperate in the EPF withdrawal procedure and are threatening you? Here are two real-life examples of this kind of situation:

Case 1: Company Shutdown and PF Stuck

Case 2: Employer Not Supporting EPF Withdrawal

Now the question: Can one withdraw their EPF without the support of their past employer's signatures or support? Yes! There is a solution!

Employer Cannot Control EPF Money

Each month, the employer takes the EPF part out of your salary and, along with their contribution, deposits it into your EPF account with the EPFO organization. Once they deposit it with the EPF office, then it's just your money and no one else's. Your employer cannot control it. However, note that your employer's signatures are required on the EPF withdrawal form to certify that you are not employed with them anymore and now you can withdraw the EPF.

3 Steps to Withdraw Your EPF Without Employer Signature

Here are three steps you need to take to successfully withdraw your EPF without previous employer signatures.

Step 1

First, download and fill up Form 10C (for EPF Withdrawal) and Form 19 (for EPS withdrawal).

Step 2

Get it attested by any one of the following:

• Manager of a bank (PSU preferred)
• Any gazetted officer
• Magistrate / Post / Sub Post Master / Notary

Step 3

Write a letter addressing the regional PF commissioner, stating the reason why you have to get it attested and how you are facing issues with your employer. If you have any proof of unsupportive behavior from your employer, it's better to attach it. (This step is optional and not mandatory.)

Step 4

If you are unemployed, you will have to make an affidavit that proves you are unemployed, get it printed on a Rs. 100 stamp paper with a notary or any gazetted officer's signature on it. If you are employed, you can transfer your EPF to your new employer.

Step 5

Send these forms to your regional EPF office and wait for the next few months for some kind of action.

Step 6

Once your application is processed, the EPF withdrawal request will be honored, and you will be paid. If you still don't see any action or response, then it's time to file an RTI application to the EPF Department to find out the exact status.

Legal Action Against Your Past Employer

Note that Employee Provident Fund money is totally yours, and no matter what the situation, your past employer should be helping you in withdrawing it. If there is an issue with your employer or you, your employer cannot refuse to give signatures and create issues in your EPF withdrawal.

If that's the case, it might be time to teach them a lesson. If you are 100% sure that you are correct and it's a case of harassment, collect all the documents that prove the harassment and then inform your regional Provident Fund officer about this. He will carry out an inquiry, contact the employer, and if he finds them guilty, there can be legal action against the company, which might even amount to imprisonment. It's the employer's duty to keep records as per the law and maintain the terms and conditions, failing which the employer can get a notice under section 7A, which lays the guidelines of strict actions against the employer. I got this from one of the RTI-related websites.

Normally, the EPFO, which maintained your EPF account, should have settled the claim based on the signature of the Bank Manager since you find it difficult to get the form attested by your previous employer. They should not have sent it back to you, telling you to get the signature of the previous employer. The fact appears to be that the employer is not willing to sign the form for some reason or the other. (I presume the establishment is not closed but is still working.) It is the duty of the employer to sign the settlement form. If he fails to do so, the Regional Provident Fund Commissioner (RPFC) concerned can take action against him. You can make a complaint to the RPFC pointing this out and urging him to either settle the claim as it is or to get the claim signed by the employer, and in case the employer declines to sign, to take appropriate action against him instead of harassing you by not settling the claim. Please send this complaint by registered post and keep a copy. After about a month, if no action is taken, file an application under RTI and ask what action has been taken on your complaint, people responsible for not taking action, etc. Your claim will automatically be settled.

Conclusion

It's possible to withdraw your EPF money without the help of your past employer. You just need to know the right steps and should also have the energy and motivation to follow up on the matter. Let us know what you learned from this article. Do you think this is something useful for you? From this article, did you understand properly how you can withdraw your EPF without an employer's signature?

Regards,
RAMAKANT

From India, Pune
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