Full and final settlement including pf withdrawl
S J Bhattacharya
(Querist) 22 August 2013
This query is : Resolved
Hello,
This is to inform you that I was working in a private FMCG Distributorship company in Kolkata since last 3 years. In this organization I was entitled to ESI, PF, Yearly Bonus and Monthly Salary. But unfortunately I never received any benefit out of that ESIC program because the spelling of my name and the address were incorrect. But I never paid much attention to that as under gods blessings me and my family were doing quite fine. Lately when I fell seriously sick I had to resign because my doctor wanted me to take full rest for atleast a month and thereafter resume work.
As per company policy I provided a notice period of 15 days being in medical leave as I was undergoing treatment at that time. After 15 days were over, I started contacting the employer for my final settlement which included last month 20 days salary, accrued bonus, experience certificate and releasing letter. The employer asked for NOC Clearance from my department (Systems) boss and Operations Manager. I got NOC from my department but since May 2013 I have been trying for getting NOC from operations manager.
I tried calling and texting the person more than 200 time but all to no response. I emailed him too keeping HR and the Director in the loop. No reply.
I also sent PF withdrawal form will all attachments and signatures in June, but there is no news of that still now. Lately I sent a letter regarding the total trouble caused through registered post, its been more than 2-3 weeks, still no reply. I made a CC to Labor Commissioner and PF Office as well. No reply from those departments as well.
I actually held the laptop that was given to me by the company, but I had to had it over as a tradeoff for getting NOC from my department. Now, I have all the documents, emails, registered post reports, AD cards, even HR confirmation that they are ready with settlement (which was sent to me in April). If required and asked for, I am ready to submit those.
Please guide me on the next step(s) that I may take.
Kumar Doab
(Expert) 24 August 2013
During the period of sickness ESIC would have paid you the salary and treatment cost.
If you retire you and spouse can continue to have the benefits.
Get the errors corrected and keep the ESIC with you in next employment also.
Visit local office of ESIC and get full details.
PF; your FNF/NOC with employer has nothing to do with attestation of PF forms.
Declinature to attest PF forms is an offence. The designated HR personnel has to attest the PF forms and submit within 5 days and has to supply the acknowledgment issued by the PF office (for you) to you.
If you have acknowledgment of PF forms submitted by you, you may give last reminder to employer to supply you the acknowledgment issued by PF office (for you) to you by redg. post or you can lodge a complaint thru local RPFC in local PF office.
The company property that is not submitted by you is the reason for non issuance of requisite NOC and FNF settlement.
You may seek an appointment during which you may handover the property and collect all of your pending cheques and documents.
Be tactful and smart.
The o/o Labor Commissioner and PF Office usually do not reply although they should take suo mottu notice.
However if you the POD you can make them act at appropriate time.
S J Bhattacharya
(Querist) 24 August 2013
Hi,
Thanks Kumar Doab for your post and update on the scenario.
I would like to mention a few things here:
1. I submitted PF Form through registered post to office in April. Reminded them 3 times through email and 2 times through registered post. Also intimated EPFO office regarding the same.
2. I am working in a small company now in which I don't have ESI/PF facility. I have medical cover which is enough.
3. I have submitted all properties at the time of getting NOC from Systems (My Own) department and now I don't have anything with me that may cause NOC to be put on hold.
4. I last 5 communications to office I tried to get a scheduled date for such settlement of FNF, NOC, Release Letter & Exp Certificate but they never replied.
Now, should I take any legal action or try communicating again. Its been 5-6 months that I am doing this and now I am in serious financial trouble cause I can't get to any big companies due to unavailability of Release letter.
Kumar Doab
(Expert) 24 August 2013
You may obtain POD (Free of cost) certified copy of run sheet of postman ( against fee of Rs.10) from PO.
You may lodge a complaint thru RPFC at your location, attach copies of Redg. post receipts, emails, letter/ email to EPFO and demand that company’s action is refusal to attest PF forms which is offence and action taken against company be informed to you and also action taken against EPFO employee that was deputed to visit company and act in the matter.
You may get another et of PF forms attested from BM of your bank and submit thru local RPFC, along with covering letter that company has not attested and submitted PF forms.
Thus you can withdraw PF.
FNF settlement: Submit final representation to good offices of appointing authority, MD, narrate all representations made so far in person, by phone, email, letter (mention names/designation/dept/address, phone numbers, dates, brief minutes……………..) and conclude that non issuance of any NOC by this operations manager and non attestation of PF forms is refusal to attest.
Thus there is no reason that company should sit on dues that are payable to you.
Demand due payment and documents by redg. post so as to be received within next say.7 days.
If good offices also do not provide any relief you may approach your lawyer and issue legal notice and approach appropriate forum. Your lawyer can guide you on it.
The lawful authorities are:
- if the establishment is covered by ‘Shops and Commercial Establishments Act’ and employee is covered as ‘employee’ : Inspector under this enactment may be approached.
The Labor Inspector may also be the Inspector under this enactment. Local o/o Labor commissioner can guide you.
- Inspector under Payment of wages Act if wages as per def. of wages in the Act was up to Rs. 18000/pm.
-if the employee is covered as ‘workman’ o/o Labor commissioner can be approached.
If you are member of some trade union seasoned Trade Union leaders can also be approached.
Or civil court may have to be approached.
There are threads to indicate that employees can lodge criminal complaint under sec 406,420…………………..and approach the employer as Creditor treating the unpaid wages as debt………………………..
You may proceed under expert advice of your lawyer.
S J Bhattacharya
(Querist) 30 August 2013
Hello,
Thanks again Kumar Doab not only for guiding me on a proper direction to begin with bus also unknowingly you have increased my confidence to deal with this matter.
I have already started following your mentioned steps, I received Running List and made a post to the office regarding the demand. Also contacted a lawyer to prepare legal documents if no action taken this time. Hope to have some answer this time.
Thanks Again
