Vyas 05 May 2021

Ncp days not updated in epf by previous employer

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.

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13 Replies

Pradipta Nath (Advocate) 05 May 2021

Don't go for updating the NCP days, I don't think it can be updated once ECR is generated. Please process for submission of a Break in service certificate. This is solve the problem.

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Vyas 05 May 2021

Dear Sir, Thank-you for your reply.

I've been trying to contact previous employer. They are not responding to any of mails or calls.

Please suggest how can I provide break in service certificate?

Is there a format or specific form for this?

Pradipta Nath (Advocate) 05 May 2021

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.

1 Like

Vyas 05 May 2021

Thank-you for your reply sir.

I'll seek such lawyer in Jaipur since my PF office is there.

Sankaranarayanan (Advocate) 06 May 2021

yes i do stand with expert reply, you can approach the HR and demand the certificate and proceed further

G.L.N. Prasad (Retired employee.) 06 May 2021

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.

Vyas 06 May 2021

Once I get this certificate, do I have to attach it while applying online for PF withdrawal? Or do I have to apply for PF withdrawal offline sir?

G.L.N. Prasad (Retired employee.) 06 May 2021

EPF website states the procedure through FAQ and also uploaded prescribed format. Please go through their website.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 06 May 2021

AGREE with above Experts Advices.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

G.L.N. Prasad (Retired employee.) 06 May 2021

Search website of the revised procedure where an employee can himself register exit date with the help of Password, OTP and can withdraw PF. (Hitherto only employers and are having access and from today, employees can also enter exit date for PF withdrawal)

T. Kalaiselvan, Advocate (Advocate) 07 May 2021

Instead of sending emails to your employer without any response you may resort to legal action.

First you send a legal notice to the employer citing all the events that took place ever since you left the job and the difficulties you face to withdraw the PF amount due to their lethargic attitude.

You may demand them to furnish the required details within 7 days from the date of receipt of the legal notice failing which you may initiate proper legal action as per law through court of law.