Fnf and pf amount not provided by educomp solution since 1year
VAIBHAV
(Querist) 02 January 2014
This query is : Resolved
Dear Sir/Madam,
I joined educomp solutions ltd. On 24th May 2010 as Resource coordinator and worked there almost 2 years and 6 month with all my dedication. On 8th Dec. 2013 I gave 1 month notice period to the company and my last working day was on 7th Jan 2013. After that I applied for my full n final amount and pf on 13th March 2013, they also processed the same and revert me back on 7th May 2013 by mail in which they mentioned that 24,500rs is my full n final amount which they are going to send me through cheque. Even after making 27 follow ups reminder's they are not sending my cheque and not even my pf Amount.
Kindly help me out from this mental harassment and advise me how I can get this amount. Even they have also given me the experience letter but not full n final payment and pf amount and till date.
Thank You
Kumar Doab
(Expert) 02 January 2014
You have given very long rope to this employer.
>> Your labor consultant/service lawyer may opine that limitation period as in your case is 3 years.
M/s Educomp may be sitting pretty and happily waiting for the limitation period to expire.
>> It seems M/s Educomp is not paying many employees.
So many threads are available at LCI alone, you may go thru these at:
http://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=Educomp&B1=GO#.UsWHu9IW1MA
All affected employees may join hands and initiate agitation to shake the govt.
>> If establishment has defaulted on payment of wages then it must have defaulted on PF, ESIC, Group Insurance, Gratuity, TDS etc....................
>> If at all company has been paying PF contributions then the funds in PF a/c of employee are in control of EPFO and employer has nothing to do other than to attest the PF forms.
Employer or more precisely HR personnel empowered to attest the PF forms must attest and submit PF forms an submit with PF office in 5 days and supply the acknowledgment issued by PF office for employee to the employee promptly.
Declination to attest the PF forms is offence.
If M/s Educomp is not attesting the PF forms/ supplying the acknowledgment issued by PF office then one of the possibilities is that it has defaulted on PF.......................
You may check the list of defaulters maintained by EPFO at:
www.epfindia.gov.in
Hope you have retained the POD of submission of PF forms by you to company.
>>In case of dispute employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
-Inspector under Shops and Commercial Establishments Act;
- Inspector under Payment of Wages Act
-o/o Labor commissioner
- RPFC for PF
-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.
-ESIC Inspector
-Civil Court.
>> There are threads to indicate that employees contemplate to file criminal complaints u/s 406,420.............................and approach employers as creditors treating unpaid wages as debt on employer..................
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
>> You may without any hesitation approach a competent and experienced labor consultant/service lawyer.
The lawyer that has seen all of your docs, record can advice you the best.
Rajendra K Goyal
(Expert) 03 January 2014
Send a legal notice to the Company. Consult a local lawyer dealing in service matter.
Rajendra K Goyal
(Expert) 03 January 2014
Send a legal notice to the Company. Consult a local lawyer dealing in service matter.
Sudhir Kumar, Advocate
(Expert) 03 January 2014
you are mistaken
the employer is not supposed to give you any cheque of PF deposits.
The procedure is like this:-
(i) employer deducts employee share from salary
(ii) adds employer share.
(iii) deposits in the money in EPFO
(iv) EPFO maintains the accounts. EPFO takes action against employer if he fails to deposit.
(v)after employee resigns he submits claim form to employer.
(vi) employer attests the claim. Refusal to attest is criminal offence.
(viii) employer deposits the claim in PF office or gives to the ex-employee to deposit the same.
(ix) EPFO sends money to employees account.
It appears your employer has not deposited money in EPFO and thereby committed criminal misconduct and you have not even complained to the RPFC.
Good luck. You are getting nothing.
Those employers who intend not to usurp PF money do honestly deposit the same in EPFO.
VAIBHAV
(Querist) 17 January 2014
Thank You sir for all of ur suggestions.
After 28th follpwup today they have fwd my mail to pfhelpdesk to process my pf.
But they didnt reply regarding my Full n Final amount.
Sir i dont want to create any isssue. Is there any simple way by which they can handover me my full n final amount.
After resignation 1 year has passed. please help me with this Sir.
ajay sethi
(Expert) 17 January 2014
issue legal notice to company .
VAIBHAV
(Querist) 17 January 2014
Thank very much sir for immediate reply
Sir Educomp Main Office is at gurgaon. Then after issuing legal notice, i will be required to go gurgaon.
what is the procedure for legal notice
and how it will work will you plz explain sir
As i Have no idea of it plz help and guide me
Advocate. Arunagiri
(Expert) 17 January 2014
Pf issue: send a complaint to the concerned PF officer, they will take necessary action. If you want a refund, send the completed claim form to the same PF office, you will get your refund. You need go behind the employer for PF refund.
For full and final settlement, give a complaint to the labour inspector, he will summon the employer and will do the neeful for settlement.
VAIBHAV
(Querist) 17 January 2014
Thank you Sir for your support and guidance.
Kumar Doab
(Expert) 17 January 2014
In another thread at:
http://www.lawyersclubindia.com/forum/Not-processed-pf-f-f-not-paid-93771.asp#.UtkW8dIW1MA
The querists (employees of M/s EDUCOMP) have mentioned that:
“Raised on line complaint against Educomp in epf portal and company not paid pf from April 2013 till date.”
As already pointed out there are many threads about this company at LCI alone at:
http://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=Educomp&B1=GO#.UsWHu9IW1MA
Therefore you may not expect attestation of your PF withdrawal forms by the so called ‘pfhelpdesk’ even if after 28th followup they have fwd your mail to pfhelpdesk to process pf.
If the post of your colleagues at the LCI thread mentioned above is true then company is a defaulter.
As already pointed out you may check the list of defaulters maintained by EPFO at:
www.epfindia.gov.in
For detailed under standing of the matter and to pursue with EPFO for recovery of PF dues you may meet in person the RPFC in nearest PF office AS AP.
If company has deducted PF dues fro employees and has not deposited with EPFO then it is cognizable offence and RPFC is duty bound to act immediately. Submit written complaint and obtain acknowledgment with diary number, seal and signature.
Escalate to Addl CPFC in your state and CPFC, CVO and Pursue thru RTI. This should make them move at lightening speed.
You can lodge police complaint also.
If the company is a defaulter of PF then most likely the FNF dues shall also be defaulted by the company.
If this is the mindset of the company to ‘DEFAULT’ then it might be contemplating to close down.
Therefore don’t delay and act AS AP and don’t state “Sir i dont want to create any isssue. Is there any simple way by which they can handover me my full n final amount.”
There is no simple way to collect dues from a defaulter.
You may approach Inspector under Payment of Wages Act and submit FormN for recovery of wages and other lawful authorities too as pointed in previous thread.
It shall be better if all affected employees join hands.
(Expert) 04 January 2014
