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DARSHAN   27 June 2017

Providing Fund Amount/ Releving amount

Dear Sir, My employer has deducted PF amount but has not deposited to EPF or have created EPF account, but now I have received from my job but company is not paying deducted PF/ PT/ relieving amount. How do I get back my relieving amount?


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 14 Replies

DARSHAN   27 June 2017

I have resigned and have been relieved from my job.

Kumar Doab (FIN)     27 June 2017

Hope you have the salary slip showing deductions under various heads.

Confirm!

Kumar Doab (FIN)     27 June 2017

PF; The affected employee can lodge complaint with RPFC.

PT; Is it Prfessional Tax?

Confirm!

G.L.N. Prasad (Retired employee.)     28 June 2017

You have to complain to jurisdictional Commissioner of PF and there is a serious violation of the employer.   If you are in regular employment, the deduction and remitting from both employer and employee's contribution is obligation of employer.    File this as grievance in EPF portal and also in Grievance portal pgportal with full details.

G.L.N. Prasad (Retired employee.)     28 June 2017

You have to complain to jurisdictional Commissioner of PF and there is a serious violation of the employer.   If you are in regular employment, the deduction and remitting from both employer and employee's contribution is obligation of employer.    File this as grievance in EPF portal and also in Grievance portal pgportal with full details.

But I have my own doubts in your version as to whether you are a regular employee or part time, and what exactly you mean relieving amount ?, if you are a part time or not a regular employee.

DARSHAN   29 June 2017

I am a regular employee and I was with the company for 1.5 years. I had UAN number when I joined this company and had given them the same and have asked to link to the new PF number. I have all my payslips and PT stands for professional tax. Relieving amount refer to my last salary with perks and other benefits as per company norms. I checked and it looks like company has not deposited PF amount of few months when I joined, I guess they did not open EPF account then, but after that they have deposited, it looks like 8 months PF amount is missing in my PF account.

Kumar Doab (FIN)     29 June 2017

Attach copy of salary slips and write to designated authorised personnel in HR handling PF and good offices of appointing authority,CEO,MD to supply you the reason and /or proof fo deposit of employee's+employer's share of PF, correct FnF statement (shwoing computation of earned wages/leave encashment/bonus/OT.................adjsutment of any amount say notice pay, Form16 as per correct FnF statement, PF a/c statement of all years,NOC/NDC, service certificate, acknowledgment and acceptance of notice of resignation/fian resignation, releiving letter, handover of charge........... etc etc 

Kumar Doab (FIN)     29 June 2017

Hope you have submitted the assets/charge under proper acknowledgment and have served notice period as in appointment letter?

What was the notice period as in appointment letter and tendered by you? 

Kumar Doab (FIN)     29 June 2017

Get in touch with Grievance Redressal Committee (if notified by state govt in your state), employee's/ trade unions, a very able local senior counsel of unshakable repute and integrity specializing in labor/service matters.............

 Your counsel(s) can assess the right forum for each/all of you and may opine to lodge complaint with:

O/o Labor Commissioner Inspector appointed under Shops & Estbs Act, Payment of Wages Act

RPFC for PF

Jurisdictional ESIC office for ESIC Jurisdictional

ITO where you file ITR and CIT-TDS where employer files ITR

Police u/s 406,420.... etc etc

You need to act to defend your interest.

 

 

DARSHAN   29 June 2017

I was part of of an IT firm and not sure about asset here as I have served notice period of 1 month as in offer letter and company has forwarded me my experience letter and I also have my acceptance of resignation from company. I have break up provided by company wherein they have mentioned that they owe me XXXXX amount, but they have not transferred even after multiple requests from my end.

DARSHAN   29 June 2017

I was part of of an IT firm and not sure about asset here as I have served notice period of 1 month as in offer letter and company has forwarded me my experience letter and I also have my acceptance of resignation from company. I have break up provided by company wherein they have mentioned that they owe me XXXXX amount, but they have not transferred even after multiple requests from my end.

Kumar Doab (FIN)     29 June 2017

IT companies are covered by:

Shops & Estbs Act and you might be covered by the def. of employee as in the Act, and Inpector appointed under the Act can be approached.

IT comapnies have IT/ITeS employee's unions and are embraced by Trade unions.

Some states have notified Grievance Redressal Committee. You may check in your state.  

 

Consider; Payment of Wages Act ( This Act does not discrminate between Workman and Non workman and if you are covered by the def.. of Wages in the Act you shall be covered)

If you had NO assets then nothing was to be deposited.

The company has already issued FnF statement to you shwoing amounts due towards employer.

The unpaid amounts (wages/promised amounts-payouts) are debt on employer.

 

Kumar Doab (FIN)     29 June 2017

Originally posted by : DARSHAN
I was part of of an IT firm and not sure about asset here as I have served notice period of 1 month as in offer letter and company has forwarded me my experience letter and I also have my acceptance of resignation from company. I have break up provided by company wherein they have mentioned that they owe me XXXXX amount, but they have not transferred even after multiple requests from my end.

"I have break up provided by company wherein they have mentioned that they owe me XXXXX amount"

This can amount to admission of debt.

 

Your counsels can also advise on:

 

Winding up petition filed by an employee under Section 439 r/w sections 433(e) and 434 of the Companies Act, 1956, as a creditor based on the claim of recovery of his unpaid salary and wages.The statutory notice can drill sense into even dumb heads.

 

The seasoned union leaders can help you and drill sense into the heads and matter may be resolved, without litigation.

 

Or legal notice from a very able local senior counsel of unshakable repute and integrity specializing in labor/service matters may drill sense into the heads and matter may be resolved, without litigation.

 

Or you can get the notice ( personal notice and not legal notice) drafted from your counsels and send it from your email id and letter thru Redg. post addressed to MD/CEO.

Don't emain entangled with HR forever.


 

 

 

Kumar Doab (FIN)     29 June 2017

If PT is not deposited then claim it also.


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