Pf
girish
(Querist) 04 May 2015
This query is : Resolved
If some employee leaving job without notice, and management has decided to forefeit the salary in lieu of notice days, please advise whether the PF contribution for that month of that particular employee will have to computed and deposited to the concerned employee account
M.Sheik Mohammed Ali
(Expert) 04 May 2015
the employer could not detect the PF amount premium, if they will not give remedy you can complaint at labour office.
Kumar Doab
(Expert) 04 May 2015
Your query can be devided into two parts.
1. PF contribution on recovery of notice pay:::: It is a penalty levied for not serving the notice period inserted in appointment letter/coorigendum/subsequent comminique…………… (but duly accepted by employee since notice period/pay forms part of service conditions and any change sought by employer has to be notifed to employee with sufficient notice and accepted by employee). Since salary is not processed for the notice period (not served by employee) the employer has not processed and paid salary, hence PF contributions is also not processed.
2. Notice period: forms part of service conditions…………………the is as per various enactments applicable to employer/establsihment/employee……………………and these enactments being Act/Instrument of law/statue shall prevail upon any private agreement/rule/policy drafted by employer and signed with employee e.g. appointment letter/contract of employment/HR policy etc…………………As per the applicable enactments the notice period may be dependant upon period of service (in months) and whether employee is under probation or confirmed in writing…………………and may be either NIL or max.30 days.
You may reply pointwise to the following:
What is your DOJ/LWD and total period of service in months?
Were you under probation period or confirmed in writing?
What is your designation and natuire of duties? How many persons were reporting to you? Did you have any power to sanction (not just recommend) leave/ increment/appoint/terminate?
What is this establishment: Commercial,Industrial?
What is its line of business: IT,Banking etc?
How many person are employed in it?
Does it have its CO (Certified stranding orders) and is your designation covered in it OR do Model standing Orders apply to it?
You were located in which state?
Your reporting office and Redg. Office and Corporate office of the company is located in which state?
Has the company supplied the acknowledgment and acceptance of resignation,FnF statement showing adjustment of notice period/pay...........wages earned/Leave encashment/bonus/Gratuity/Over Time etc......, service certificate,relieving letter,NOC/NDC,Form16,salary slips of all months,PF number and a/c slips of each year,ESIC card etc......
Rajendra K Goyal
(Expert) 04 May 2015
PF linked with the salary earned by an employee.
