It came as a shock this morning when my employer, refused to process my PF withdrawal.
I didn't serve notice period and they are taking this as a reason for not signing the PF form.
I told that my mom was unwell and had to go to mumbai for well over three months. Now they are asking for tickets proof of I travelling and also Moms medical certificates. I am unable to provide these and I am sure irrespective of whether i submit or not, they still have to sign my PF.
I very well know, they are going against the Law. They have no right to do this. I have five years of PF with this company even though i only worked for 6 months with this company, I transferred 4 years of PF of my previous employer. So its quite a lot of money.
I can always have the PF by contacting bank manger or other means as mentioned in the PF instructions form.
I have endlessly read how Employees are taken for a ride by employers when it comes to PF withdrawal.
I have decided to take legal action against the employer. The very reason of my post is to take suggestions from yourself, and know the options I have, to take legal action against My ex employer.
Who can I contact? I am ready to go to a lawyer and thinking about involving media as well. I am really made up my mind to go any distant to get justice and make my case an example for erring Employer's.
And when I take legal action, how likely Am I to win?
Please provide me with help.
This is the mail I am sending the head of the company. Please help me with this email.
Correct me where I am wrong.
This morning I was at your office for filling up the PF form to withdraw my money. But strangely, you refused to sign and process my PF withdrawal. Mr xxxx the Accounts head told that he has no clearance from the HR head, that is Person YYYY and When I contacted person YYY, she said she cant authorize it as I didn't service notice period and required my travel proof for reason i have stated in the below email i have sent Hr Contact upon I resigning. I would here by like to clarify that irrespective of whether I submit these or not, you still have a legal obligation to sign and process my PF withdrawal form, and there is no rule with PF that states that A person needs to submit any kind of documents. Any ways you have failed to provide me with Relieving letter or Experience certification or even accepted my resignation, and I can understand that this was not processed due to i not serving notice period. But this cannot stop you from processing PF withdrawal as per the Law of PF, and shockingly I was told by Person YYY that she cant process my PF withdrawal because I didnt serve notice period. Its a legal duty of a employer to process the PF after 45 days even if the employee has been terminated or any reason employee doesn't satisfy the companies exit policy.
I am mailing you this details formally, So please let me know the time and date when I can come down there to fill up the form, so that you can process the request.
I am hereby informing you I would not be able to submit any proof and that should not hold you back from this legal obligation of signing and processing my PF amount, upon failure of which, I would have no option, but to take legal action against the company.
I am also forwarding this copy of mail to regional PF commissioner and also a Well know English news channel and a local Kannada channel.
Note : I have only worked from May 2009 to October 2009 at your company and I had transfered My 4 years of hard earned PF money of my previous employer to yours.
Im only going to mail them, when you folks authorize or suggest.