Yes ! – You can withdraw your EPF without Employer Signature

POSTED BY Jagoinvestor ON November 19, 2012 COMMENTS (698)

Do you know how to withdraw your EPF without Employer Signature ? Do you think if its possible at all ? Is your previous employer not signing your EPF Withdrawal documents? Have you left your company long back and now you can not take your past employer signatures ? Or is your EPF company stuck because your employer is not supporting you or helping you in withdrawal procedure ? Or it might happen that your employer relations with you mess up for some reason and now they are not ready to cooperate in the EPF withdrawal procedure and threatening you? Here are 2 real life examples of these kind of situation

Case 1 : Priyanka was also stuck with a company which was shut down and her PF was stuck

The last company i was working with has been shut down. Now I need to withdraw my EPF, however I am not getting any help from the company. I have tried to contact the GM – HR and the CA but no response. As the sum is huge, I am worried if I will be able to withdraw the amount without company’s approval or authorized signature. The full and final settlement has been closed and relieving letter has been issued by the company. Please advise how should i go about in this case.

Case 2 : Ramz was also facing similar issue but here employer was not supporting the employee for EPF withdrawal

One of my friend was in a similar situation few months back. I have pay slip but no relieving letter. When contacted with the finance dept, I was told that I cannot get the epf amount as I have not got the relieving letter. The amount will not be released by them even though an epf amount is mentioned in pay slip. He was asked to pay the amount for serving period of two months and then get relieving certificate and later only will they release the funds for epf account.

Now the question. Can one withdraw his EPF without the support of his past employer signatures or support ? Yes ! – There is a solution! .

Today we will discuss, how you can withdraw your Employee Provident Fund money without your past employer’s help. A lot of people feel that it’s not possible without employer involvement, but it’s not true! Let me start by sharing a bit about this.

Withdraw Employee Providend Fund without Employer Intervention

Employer can not control EPF money

Each month employer takes the EPF part, out of your salary and along with their contribution, deposit it into your EPF account with the EPFO organisation. Once they deposit it with EPF office, then it’s just your money and no one else’s. Your employer can not 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.

A lot of people leave their jobs without serving the notice period or because of some other issue and employers do not help them to claim their Provident Fund money. Here is one instance on our Jagoinvestor Forum

I worked in a company in 2009 for few months. I had some issues with them and resigned from that company. I did not get any relieving order. All I have is my salary slip which has PF account no. Is it possible to get back the PF amount without the permission/notice to the previous employer which I worked ?

3 steps to withdraw your EPF without Employer Signature

Here are 3 steps you need to do to successfully withdraw your EPF without previous employer signatures.

Step 1

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

Step 2

Get it attested by any one of the following

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

Step 3

Write down 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. In case you have any proof of  unsupportive behaviour from your employer, better attach it. (This step is optional, and not mandatory)

Step 4

If you are unemployed, you will have to make an affidavit that proves that you are unemployed. Download this Affidavit Sample and get it printed on a Rs. 100 stamp paper with a notary or any gazetted officer signature on it (This Affidavit is part of our Jagoinvestor Wealth Club) . This is required because you need to be unemployed if you want to withdraw your EPF . 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 next few months for some kind of action.

Step 6

Once your application is processed, the EPF withdrawal request will be honoured and you will be paid. If you still don’t see any action or response, then its time to File an RTI application to EPF Department for finding 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. It can be some issue your employer or you might have.., your employer can not say that they will not 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, just collect all the documents which proves the harassment and then inform your regional Provided Fund officer about this. He will carry out an enquiry, contact the employer and if he finds them guilty, there can be legal action against the company and might even amount to imprisonment. It’s the Employer’s duty to keep records as per the law and also maintain the terms and conditions, failing which employer can get a notice under a 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 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 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 did you learn out of 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 Employer Signature ?

powered by Typeform

698 replies on this article “Yes ! – You can withdraw your EPF without Employer Signature”

  1. Sanjay says:

    Hi sir,
    Iam sanjay I left one of the company 4 years back, iam working with anther company I have submitted online transfer form 13

    with my present employer but My past employer was rejected, due to iam not do the work in notice period, please help me.

    Sanjeey

  2. Gaurav Sharma says:

    Hi,

    I use to work for Tracmail India Pvt. Ltd., I resigned from my job following all the formalities. I was given the option to mention my salary account as the disbursement account. However the PF was not deposited and the account was closed by the bank. I don’t have my PF. No, I have checked all my salary slips.

    Is there something I can do ? I would really appreciate if you could guide me.

    Looking forward to your reply.

    Thank You.

    1. You will now have to file a RTI to EPFO and check your EPF account

  3. Ranjit Nayak says:

    Hi
    I am in same trouble my past company not responding. I am daily on basis but hr dept not picking my call also not responding to my mail. Kindly tell me how i will get my pf amt.

    1. Hi Ranjit Nayak

      I suggest that you now take the RTI route. You can file the RTI and ask your queries to them. THey are bound to reply you on your queries.

      Its a bit long cut, but works well

      Manish

  4. Utsab Roy says:

    Hi,
    I want to withdraw Pension fund from my past employer, i submiited the form 10C to them, but they are not responding and giving excuses. My past company has its own trusty of pension fund, so I dont have any UAN number. What should I do.

    1. Hi Utsab Roy

      I suggest that you now take the RTI route. You can file the RTI and ask your queries to them. THey are bound to reply you on your queries.

      Its a bit long cut, but works well

      Manish

  5. vipinsharma says:

    Hi Manish,

    My Past Employer is bankrupt and i place a request online transfer my PF since its around 2 months and no response from their side. i just want to ask you can i change request online to my current employer. Pl help me out of this..

    1. Jagoinvestor Admin says:

      Hi vipinsharma

      When the employer deducts PF from your salary, he is supposed to deposit it with EPFO every month . Provided the company has complied with the rules you need not worry about the company being bankrupt. For you the first step would be check on the balance in your EPF A/C . And then you can directly file the request with EPFO for transfer. You need not contact your previous employer. The form for Transfer of PF only needs signature from present employer. Please see the attached form -http://gct.ac.in/sites/gct.ac.in/files/basic_page_uploads/Transfer%20of%20EPF%20Account.pdf

  6. shiwa says:

    Sir,
    My employer was not deposited his contribution, in this condition what i can do?

    1. You need to file a complaint with police on this .

  7. Rahul says:

    Hi Manish,

    I left my job before 4 month and now i want to withdrawal PF but my company is not supporting me i don’t have UAN also Please let me know how can i withdrawal my PF without UAN and without company approval as well.

  8. SACHIN says:

    hi, i applied for pf transfer to the account managed by my current employer, the cheque was issued but returned back to epf office due to some address issue, how can i get it issued again. this time i would prefer withdrawal rather transfer.
    Sachin

    1. Hi SACHIN

      I suggest that you now take the RTI route. You can file the RTI and ask your queries to them. THey are bound to reply you on your queries.

      Its a bit long cut, but works well

      Manish

  9. Anand says:

    I am also facing the same issues as my Employer is not helping me with the PF withdrawal. What to do if I am employed and my current organisation doesn’t provide PF account?

    1. If you are employed , then you are not eligible for withdrawing . It can only be done if you are unemployed !

  10. Swarna says:

    Hi Manish,

    I left the job on 17th April 2015, and I am now staying in USA(but not working). I want to withdraw the epf amount. If I apply for the epf withdrawal, with they give me employer contribution as well??

    Swarna

    1. Yes, they will give employer contribution also !

    2. sharad verma says:

      manish ji
      namestey
      EPF par maine aapka article padha.bauht santosh mila .kaya jarurat k samay aapse contact kar sakta hu?plz aapka mail id and contact no deve.
      thanks
      sharad verma

  11. sajeef says:

    I have leave the job without any notification , and now they are not ready to give my pf