Pending salary, pf and gratuity

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Which is fixed pay day? Has salary not been paid on pay day?

Has salary slip been issued and supplied?

What is monthly salary?

Has company issued any notice on closure of company?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

According to you what is the actual reason for delay/Non payment?

PF; apparently; you have opted for PF withdrawal. Have you submitted PF withdrawal forms under proper acknowledgment?

The PF a/c is with EPFO or PF trust of the company?

Write under proper acknowledgment to supply the acknowledgment issued by say; EPFO against your attested PF forms submitted by employer. Employer could have attested and submitted within 5days from date of receipt.

Gratuity; You have written letter to company to supply payment of Gratuity or submitted FormI?

Does THE PAYMENT OF GRATUITY ACT, 1972 apply to company in each year from your DOJ till LWD?

GO thru:

THE PAYMENT OF GRATUITY ACT, 1972;1,2A,7

https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf

You may download the POD from Indiapost website and also obtain from PO and write to company attaching scanned copies of your letter/FormI and POD and mention that ‘Notice of Determination of Gratuity’, requisite form if any and payment of Gratuity has not been supplied to you till date and be supplied immediately.

If payment is not made within 30days from LWD company is liable to tender interest @ 10%pa.

Whom you have been meeting in person; say Line Manager or HR person?

Escalate to good offices of appointing authority, MD/CEO under proper acknowledgment.

What is this establishment; Commercial, Industrial?

Industrial

What is its nature of business say; IT, ITeS?

Electronic testing equipment manufaturing

How many persons are employed in it?

currently 5 person but more than 15 people employed 1 year back

What is your designation and nature of duties?

R&D Engineer

How many persons report to you?

MD

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

.No

You are in which state?

Tamil Nadu

Since how many months you are working?

8 year 3 months

Are you under probation period or your service is confirmed in writing?

yes confirmed

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

notice period properly served.

Which is fixed pay day?

they never pay salary on fixed time. It will be delayed up to 2 months

Has salary not been paid on pay day?

always delayed. no pay day.

Has salary slip been issued and supplied?

for last three months

Has company issued any notice on closure of company?

no. company is functioning

Do standing orders (model/certified) apply to establishment and your designation?

no

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

not mentioned in the offer letter

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

no

Does the establishment have its appraisal system?

yes

Do you have copy of signed appraisal forms, matrix, KRA’s, performance date?

yes

How was your performance?

good

Are you a member of employee’s/trade unions?

no

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

yes

According to you what is the actual reason for delay/Non payment? 

lack of business due to mismanage the business

 

PF; apparently; you have opted for PF withdrawal. Have you submitted PF withdrawal forms under proper acknowledgment?

No i haven't submitted PF withdrawel form yet. Is it required to wait for 2 months before appliying? The employer told me to wait till march first week. They need to pay last 18 months PF amount.

The PF a/c is with EPFO or PF trust of the company?

EPFO

Gratuity; You have written letter to company to supply payment of Gratuity or submitted FormI?

submitted form L through registered post.

Does THE PAYMENT OF GRATUITY ACT, 1972 apply to company in each year from your DOJ till LWD?

i don't understand  what you are asking.

Whom you have been meeting in person; say Line Manager or HR person?

CEO
 

Originally posted by : shahul
	What is this establishment; Commercial, Industrial? Industrial What is its nature of business say; IT, ITeS? Electronic testing equipment manufaturing How many persons are employed in it? currently 5 person but more than 15 people employed 1 year back What is your designation and nature of duties? R&D Engineer How many persons report to you? MD Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? .No You are in which state? Tamil Nadu Since how many months you are working? 8 year 3 months Are you under probation period or your service is confirmed in writing? yes confirmed Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted? notice period properly served. Which is fixed pay day? they never pay salary on fixed time. It will be delayed up to 2 months Has salary not been paid on pay day? always delayed. no pay day. Has salary slip been issued and supplied? for last three months Has company issued any notice on closure of company? no. company is functioning Do standing orders (model/certified) apply to establishment and your designation? no What is notice period as per appointment letter/offer letter and what was notice period tendered by you? not mentioned in the offer letter Was ever any stinker, memo, show cause notice on any misconduct issued to you? no Does the establishment have its appraisal system? yes Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? yes How was your performance? good Are you a member of employee’s/trade unions? no Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………? yes According to you what is the actual reason for delay/Non payment?  lack of business due to mismanage the business

Does MD report to you?

Prespectives; The compnay may indded pay to you.

As RD Engineer you may/may not be covered by def. of 'Workman' as in ID Act...

Your duties on record may matter.

You may be covered by the def. of wages as in Payment of Wages Act and may approach Inspector under the Act...

If you are not covered you may have to approch civil Courts.

Unions can help and employer may pay up.

Originally posted by : shahul
	PF; apparently; you have opted for PF withdrawal. Have you submitted PF withdrawal forms under proper acknowledgment? No i haven't submitted PF withdrawel form yet. Is it required to wait for 2 months before appliying? The employer told me to wait till march first week. They need to pay last 18 months PF amount. The PF a/c is with EPFO or PF trust of the company? EPFO Gratuity; You have written letter to company to supply payment of Gratuity or submitted FormI? submitted form L through registered post. Does THE PAYMENT OF GRATUITY ACT, 1972 apply to company in each year from your DOJ till LWD? i don't understand  what you are asking. Whom you have been meeting in person; say Line Manager or HR person? CEO

Write to supply PF number in writing and a/c slips of each year and submit PF withdrawal forms under proper acknolwedgment..

Ask to supply all pending salalry slips showing PF deduction.

Write in letter for Gratuity as already suggested. 

Unions can support and also make you properly informed.

Originally posted by : Kumar Doab
	Does MD report to you? Prespectives; The compnay may indded pay to you. As RD Engineer you may/may not be covered by def. of 'Workman' as in ID Act... Your duties on record may matter. You may be covered by the def. of wages as in Payment of Wages Act and may approach Inspector under the Act... If you are not covered you may have to approch civil Courts. Unions can help and employer may pay up.

No one report to me. I report to MD.

How do i approach inspector under the wages act? I am chennai. what is office address of this department?

Also how do i approach union? 

Ask at LOCAL O/o Labor Commissioner....

Unions can be aproached by visiting their office e.g; CITU/INTUC/BMS/AITUC.............or Local Unions....

You may pick up relevant points from;

https://www.lawyersclubindia.com/articles/Even-a-supervisor-and-irrespective-of-the-salary-is-a-workman-7813.asp?utm_source=article_mailer&utm_medium=email&utm_campaign=article_followup

https://www.lawyersclubindia.com/share_files/Even-a-supervisor-and-irrespective-of-the-salary-is-a-workman-9465.asp

Originally posted by : Kumar Doab
	Write to supply PF number in writing and a/c slips of each year and submit PF withdrawal forms under proper acknolwedgment.. Ask to supply all pending salalry slips showing PF deduction. Write in letter for Gratuity as already suggested.  Unions can support and also make you properly informed.

Write to supply PF number in writing and a/c slips of each year and submit PF withdrawal forms under proper acknolwedgment..
Ask to supply all pending salalry slips showing PF deduction.

If  i request this documents they will simplay reject the request by not reponding to it.

When should i send Notice of Determination of Gratuity. I sent FormL 2 days back. Today they received it. 47 days after relieved from the company. 

Can i send Notice of Determination of Gratuity by tomorrow? or i have to wait for specific time after submission of formL ? 

When should i send Notice of Determination of Gratuity. I sent FormL on 5th feb 18.  47 days after relieved from the company.  Can i send Notice of Determination of Gratuity now? or i have to wait for specific time after submission of formL ? 

Please give your opinion. Thanks.