Do you want to withdraw EPF without employer signature, because the employer is not cooperating? Do you want to go directly to EPFO because the previous employer is not signing your EPF Withdrawal form.
You have not served notice period and your company is not ready to attest your form without paying for notice period? Or even you want to withdraw your provident fund without the resignation. Are you not able to get employer approval because the company is closed?
There may be many reasons which force you to withdraw the EPF amount directly from Employee Provident Fund Office. You are not the only person with this situation. There are lakhs of employees who want to get EPF money back without going to the employer. Fortunately, there is a way to get your money back without employer’s consent. But before that you should know the rule about EPF withdrawal before the age of 57 years.
Rules Of EPF Withdrawal
- You can withdraw your EPF amount if you have completed more than two months of service. There is relaxation in this mandatory waiting rule if you fulfill some conditions.
- You can withdraw your EPF amount if you have not got any job till two months after the resignation.
- You can’t withdraw 100% of the EPF corpus, the employer contribution and EPF interest upon it will remain in the PF account till the retirement age (58 years).
- You can also partially withdraw some amount of PF in the certain situation.
- Your employer should send the attested form of the EPF withdrawal within one week of submission.
- If you withdraw PF before 5 years of continuous service, the PF amount would become taxable.
The Harassment of Employers
The rules do not state that an employer can hold the EPF amount of an employee. But, Many employer do not approve the EPF withdrawal form to arm-twist the employee. The employers try to enforce the notice period against the signature on EPF withdrawal form. This illegal practice is very common among errant employers. Due to this the employee suffers. Are you also one of them?
Hi Chandrakant, I had submitted my PF forms to my ex employer in regards of withdrawal. They had kept the forms with them with no action onwards and each time making excuses with this or that. It had been already two months of my submission. Request your help on this aspect.
Hi Chandrakant, I have pf account is maintained in Delhi EPFO regional office, now I don’t have job and I want to withdraw it,
Hi Chandrakant, I left the job 5 years before, can I withdraw the PF amount? What is the way to withdraw the PF. But Company is closed. Abhishek
You Can Get PF Without Employer Signature
Fortunately, the things are getting better. EPFO is really trying hard to contain the high handedness of the employer. First it was online PF transfer, which eased the PF account transfer very easy. Second, It came with universal account number which made EPF transfer and balance check an easier process. Now it, has also made the EPF withdrawal without employer approval a cakewalk. The UAN has made EPF withdrawal very easy. There are two methods to withdraw EPF without employers signature.
1. EPF Withdrawal Who has Given Adhaar Number
Some time back I have advised my readers to give Adhaar number to PF office as this would make EPF withdrawal easy. Now EPFO has introduced the Adhaar linked EPF withdrawal. This method of EPF withdrawal do not require any authentication, forget about the employer. It is as easy as filling bank withdrawal slip.
But, to avail this super easy facility, you must fulfill these conditions.
- You must have the UAN. UAN is allotted by the EPFO. You can check UAN status online. Even, you can generate UAN as well.
- You must have given the bank account and Adhaar number into UAN database.
- The employer should have verified the Adhaar number of the employee.
This process of EPF withdrawal do not ask anything related to your identity and KYC details. The EPFO verifies your identity with Adhaar data and deposit the money into the account authenticated by the employer. The employers are asked to verify the bank details and Adhaar number while you are in the service.
Steps to EPF Withdrawal
It is really very easy.
- Download the new form of the EPF withdrawal. This form is separate from the regular Form 19, Form 10C and form 31. The new forms are simplified and contains very few fields.
- In these form you need to fill the mobile number, name, UAN, Address, Date of leaving, reason of leaving, and PAN.
- Attach a canceled cheque along with these forms.
- Submit the new EPF withdrawal forms and canceled cheque to the regional EPF office.
Note, you have to keep in mind that EPFO would tally your bank account number of canceled cheque with the number mentioned in UAN database. Both of these accounts should match as EPF balance would be deposited into the bank account mentioned in UAN database.
All other information given in the forms should match with UAN database. It is better if you tally the form with UAN account before depositing the form.
Soon, there would be the EPF Apps. Through these apps you can withdraw EPF balance without any role of the employer.
2. EPF Withdrawal Who has Not Given Adhaar Number
This is old method of EPF withdrawal without employer’s signature. This method is still valid for those who don’t fulfill the criteria of the above method. In this method, you have to verify your identity. Since, employer do not verify, You have to attest your EPF withdrawal form from other credible authorities. These authorities are –
Manager of a bank.
Any gazetted officer.
Member of the Central Board of Trustees./ committee/ Regional Committee (Employees’ Provident Fund Organization).
Magistrate/ Post/ Sub Post Master/ President of Village Panchayat/ Notary Public
As you can see, the list is long, who can attest the withdrawal form. But in practice attestation by the bank manager is preferable. Also, Manager should be from the branch, where you maintain an account.
Note that you have to take signature and stamp in every page of the application.
Since this is an alternative route, EPFO does not encourage this process. Also, there is more chance of fraud as well. Hence, It asks for a letter which should state the reason of the direct application for EPF withdrawal.
It is advisable to attach evidence, if any, of ‘non-cooperation’ by the employer. This will give weight to your application. Try to correspond in writing with your employer, so that you have some evidence of non-cooperation
Attach an indemnity bond (affidavit) in a 100 rupee stamp paper. Although it is not mandatory according to rules. But you should not take any chance.
Also, attach service proof. Application of one of Planmoneytax readers was rejected for the lack of service proof. Hence, you should attach copies of payslip, ID card, form16 or appointment letter from employer to substantiate your claim.
Also, attach a copy of your identity proof and address proof.
Other Points To Note For EPF Withdrawal Without Employer Signature
If the bank account number would be same as with the EPF record then it will help. Try to give your salary account of the previous job.
Also, If the attesting bank manager will be from the branch of your salary account branch then it would be better.
PSU bank manager carries more weight.
Before Jumping To The Gun
You have two methods to withdraw the EPF. The method one is very easy, and everyone should go through this, whether employer cooperates or not. But, method 2 should not be the preferred route. As this method is not an easy one. Avoiding employer and going directly to the EPFO takes more time and more documentation. The probability of rejection also increases in this process. One of my reader Nagendra has applied 4 times. Hence, you should try to take employer signature.
5 Tips To Avoid Direct Withdrawal Of EPF
1- Try To Convince Your Employer
Try to tell your employer that it is his legal duty to sign your PF withdrawal form. He should know that you are aware of all the rules and regulation. Have some sweet talk as well it may work in 50% of the time.
2- Take Present Employees In The Loop
Talk in the presence of your earlier colleague who presently works there. The HR department would not like to give a bad impression to its current employees.
3- Search A Mediator Who Can Talk To HR.
Try to search a person in your old office who can mediate between you and the employer. Sometimes this method works better than any other process.
4- Communicate In Writing
Don’t talk with your employer verbally or through the phone for getting signatures in the form. Send your EPF withdrawal form through the registered post or speed post. Further communication should be also through this medium. Keep the receipt of the post as well as proof of delivery. Postal department takes 10 rupees to provide proof of delivery. It has the signature of the person who had received the post. Collect it from the post office. This will deter your employer to act arbitrarly.
5- Threat Him About Legal Action
According to labour laws and EPF rules, it is illegal to withhold the PF money. If any employer is doing the same, then he is working against the law. You can drag him in the court as well as complain to vigilance commissioner of EPF.
How To Teach lesson to Erring Employer
File Grievance With EPFO
You can complain about the malpractice of employer to the EPFO. It is illegal to withhold the PF money of any employee, EPFO should act on it strictly. For this go through these steps.
a. Please collect evidence of employer’s unsupportive behavior as much as possible.
b. File grievance at the online portal of EPFO. Also, upload the copies of all of your evidence. It should be in PDF format.
c. Wait for one month and check the status.
d. File an RTI with EPFO and ask what action has been taken on your complaints. This will force the EPFO to act upon erring employer.
Send Legal Notice
Hire a lawyer and send A legal notice. You should state about all of your communication and give a copy to labour court as well. If possible, try to make a group with other harassed employees of your previous company. Below is the detailed advice of a lawyer from lawyersclubindia.com
Issue a proper notice to your company (which you can also send) addressed to your appointing authority, MD, Company Secretary, citing details of submission of PF forms, with the name designation of the employee who received PF forms from you and date, and ask them to reply to you in writing, along with the original copy of acknowledgment issued by PF office, say within 15 days, by .as you wish to proceed against the individual in his individual capacity also.
Last Advice For Our Readers
If you have a job in your hand, you should go for online transfer process and choose verification by present employer. Your Previous employer is bound to approve the PF transfer.
Did you find this article- How to withdraw EPF without employer signature helpful. You can also read the experience of my reader Jyothi. She has got her EPF money within 3 days. That Too, without Employers signature.
Share your experiences with employers on EPF withdrawal and some success story as well. I am eager to know, whether anyone filed a legal case against the employer?