Did you know the fact that without the signature of your employer too, you can go ahead and withdraw your EPF? Let us know more about how you can actually withdraw the employee provident fund without any help from your past employer.
Many people think that it is absolutely not possible to get the money from the EPF without the signature from your previous employer. You must understand that the employer are not in control of the money in your employee provident fund. Every employer deducts a part of your salary per month as your EPF. Basically, this amount is your employee provident fund contribution. This money is then deposited in the EPF Balance account that you have with the EPFO.
Once the money is deposited in that account, the entire amount is yours. No matter what, the employer can never control that money in the employee provident fund account. However, you must remember the fact that the signature of the employer is absolutely necessary on the withdrawal form of the EPF. This is needed so that it can be certified that you are no longer associated with that organisation and may choose to take the money from the employee provident fund whenever you like.
There are several cases when an employee does not serve the notice period due to some reason. In such cases, the employers might not help the employee to get his deserved provident fund money.
Steps for PF Withdrawal with the signature of the employer
- The first step is downloading and filling up of Form 19. Form 19 is required for the withdrawal of the EPF. You will also need Form 10C for the withdrawal of EPS
- After this, you will to get it attested by a magistrate, Postmaster, Notary, Manager of some bank or by a gazetted officer
- You should write a letter of the PF Commissioner (regional) and state why exactly you need to get them attested and also explain the problems that you are facing with respect to your employer. In case you have proof against the uncooperative behaviour of the employer, do attach it with your letter
- You must make affidavit for yourself in case you are unemployed. Thus, you can download the affidavit and then get a print of it on a stamp paper. This is needed as you must be unemployed when you are applying for the withdrawal of the EPF
- You must then send all of these to the regional office of EPF and wait for a couple of months
- After the application has been processed, the request for the withdrawal of EPF will surely be honoured and you will receive your payment. In case you see that no action has been taken, then it is better that an RTI application is filed by you to the EPF Department for knowing the current status of it
Legal action that you may take against your past employer
If you are absolutely sure about your action and still you are being harassed by your past employer, then make sure that you collect all the necessary documents to prove the case of harassment against your past employer and inform the PF officer. He will do the required investigation, and if the past employer is found guilty then proper steps will be taken against the employer. This could also lead to imprisonment of the guilty.