Greetings to all members.

I have a query on PF withdrawal. My daughter was employed in a Pharma Company for 2 years. She left the organization and joined another organization. The previous company has paid all the dues and also provided a relieving letter/experience certificate. However, when she submitted the PF Withdrawal Form, HR is asking her to furnish an Affidavit along with Form 10C and Form 19, stating she is not employed anywhere.

Is there any rule or notification given or framed by the PF Office, or is the HR person simply harassing her? The previous Company HR person knows where she is employed, but I think she should still be able to withdraw the PF dues of her previous employment.

What future action can she pursue to get her PF dues? Kindly respond.

Thanks for stopping by this thread.

With regards,
Sujit

From India, Mumbai
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Dear Mr. Sujit,

In Form 19, it is written that the claim should be submitted after two months from the date of leaving service provided the member continues to remain unemployed in an establishment to which the act applies. It means a person should be unemployed for two months after leaving the service to withdraw PF amount. If a person is in continuous service, he/she cannot withdraw PF amount; in this case, only PF transfer is possible. This is according to the PF Act.

If the employer has good terms with PF officers in that area, then there is no problem to withdraw the PF amount.

The same case happened to me when I was trying to settle my employees' PF amount from Chennai. Chennai PF officers refused to settle all the accounts because employees were in continuous service. Finally, I submitted PF transfer forms and accounts got settled. But in other states, it is not that difficult because nobody checks whether an employee is in continuous service or not.

In your case, you can talk to the previous employer about their process. Let us know what they are saying; according to that, we can suggest the next step.

From India, Pune
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Hello Sir,

Greetings of the day!

EPF is a benefit extended to its enrolled employees. I would request you to check the benefits an employee is entitled to. I would advise transferring the old EPF and EPS accounts to the new account rather than withdrawing them.

If it is essential, you may sign the form with a bank officer and deposit it in the EPFO if you have been unemployed for the last two months. You can wait until July, as you will be able to withdraw or transfer online from then onwards.

For any queries or suggestions, please post your comments.

Regards,

Shaikh Abedeen
HR Professional

From India, Bhubaneswar
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Hello sir,

Yes, it is possible to withdraw the amount. If the relations in your previous company are good, you can have it signed by the director or an authorized person from your previous company. Nobody is going to check it because they don't have enough time.

Don't worry, sir.

From India, New Delhi
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Dear Sujit ji,

The answer to your query is as follows:

Provident Fund is a provision for your old age or after your retirement. When you are in service, you are not entitled to withdraw or settle your PF account. When you change your employment, you should transfer your account from your old employer to the new one. This is the law.

However, if there is a break in two employments for more than 2 months or if there is no PF in your new employment, you can withdraw your PF account. You need to provide a declaration to this effect. This declaration is integrated into the withdrawal form itself. There is no separate declaration, undertaking, or affidavit required.

I hope I have clarified it for you. I endorse only the first paragraph of the reply by Meenakshi ji.

From India, Mumbai
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As per the law, you cannot withdraw your PF when you are still working. So, your daughter's previous HR is right. Since he knows she is working and knows he can be in trouble for signing the false certificate, he is asking for her affidavit that she is not working. If she gives a false declaration, she is responsible, and he cannot be held accountable for what amounts to fraud on her part. Do you really need to do this? Else, just transfer the amount to the new PF account.
From India, Mumbai
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Hello,

I am facing the same problem stated above, and I have a question related to it. If I submit my UAN number to my new employer, will the PF office know that I have joined a new organization? Maybe my claim got rejected due to that?

- Pramod

From India, Miraj
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Hi,

I submitted one PF form at the Delhi North office for a deceased case. I provided all the necessary documents along with Form 10-D and Form 5IF. Since the member was unmarried and had only one parent, his father, we submitted a declaration along with the death certificate and other required documents.

The PF form has now been returned with a remark requesting a "Non-employment certificate." Can you please advise on what steps I should take next?

Thank you.

From India, New Delhi
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So just give them the death certificate. Go and meet the PRO at that office, he will help you with the procedure
From India, Mumbai
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nathrao
3180

Why give false declarations on non-employment to draw PF balances? The concept of UAN will plug such "honest" tendencies amongst us. Please follow the rules on the subject as PF is a long-term saving and will benefit you when you need it most at a time when your earnings may be lower. Present needs when you are working are transient and can be managed.
From India, Pune
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