Dear Sir, In the last organization where I worked, I worked from 07-Oct-2020 to 06-Jan-2021. Due to some issues in organization, I was put on "Leave Without Pay" from 25-Nov-2020 to 06-Jan-2021. After that I quit the job. After 02 months of unemployment, I applied for withdrawing my PF amount, which was rejected due to reason: "Date of leaving differs from ECR contributions date." After that I put a request on EPFIGMS portal where I was told to get my NCPs days from previous employer and take break certificate for the days contribution is not made or ask the previous employer to deposit December 2020 and January 2021 contribution. Now since I was on "Leave Without Pay" previous employer didn't make any contribution. Now I'm contacting previous employer for updating NCP days in EPF, but they are not responding. I've sent many mails to them but they just are not responding past 01 month. Can I take any legal action for them? Since if NCPs days are not updated, I'll never be able to withdraw my PF amount or pensions amount in future.
Writing letters won't work. Meet personally with the HR and directly ask him/her for Break in service certificate, though in most of the cases HR are ignorant on this form. In case you are facing problem, please don't hesitate to engage a PF consultant/Advocate for this purpose who has a good laise with the PF authority.
If you have requested the employer earlier, get a legal notice issued drawing their attention to their inaction to earlier reference and mark this letter with an online grievance in pgrms portal. Hope this works in getting such a certificate.