About my pending salary from ex-employer
Nilesh Warankar
(Querist) 12 July 2013
This query is : Resolved
Hi,
This is Nilesh Warankar. I was working in Customer Centria Enterprise Solutions Pvt Ltd, Andheri, Mumbai in 2011. I resigned in March 2103 from company due to irregular in the salary dates. Since then I haven't get the settlement amount Rs. 52,000 and PF details.
Kindly suggest me what can I do to get may pending compensations / salary.
Thanks
Nilesh
Guest
(Expert) 12 July 2013
At first polite written request for settlement of full & final, followed by a reminder after 2-3 weeks and finally a legal notice can help you. About PF details, if you know your PF account No., you can directly check at the website of the EPFO.
Nilesh Warankar
(Querist) 12 July 2013
Sir, Thanks for the suggestions but I have already sent reminders too many times, but no satisfactory solution came up.
Guest
(Expert) 12 July 2013
it is not the company who can stop your PF just see your salary slip in that PF NO is mentioned and you can enquire the same through regional office of PF i.e regional provident fund officerr. and in regard of the pending salary send the legal notice by engaging a lawyer will all the proof of the request sent to the company and the pending salary.
Guest
(Expert) 12 July 2013
If already sent written requests/ reminders, for full & final settlement send a legal notice, and for PF you can send your withdrawal application directly by applying to the concernd PF commissioner by getting your signature attested by your banker on the prescribed application form.
Nilesh Warankar
(Querist) 12 July 2013
Thanks Sir, for the valuable inputs. Can you let me know what is the process and costing for sending legal notice to company?
Nilesh Warankar
(Querist) 12 July 2013
To Mr. Sachdev Bishnoi, my company have deducted the amount for PF from my salary but never deposited in the PF account since they haven't opened the PF account from me.
This information I have received from the Account team after many follow ups.
Sudhir Kumar, Advocate
(Expert) 12 July 2013
The are criminal liable under EPF Act as well as IPC. File a detailed complaint to RPFC
Guest
(Expert) 12 July 2013
Any reason for not giving full information in your original query about deduction and non-deposit of the PF amount by the employer?
If deduction has already been made, but not deposited with the EPF organisation, you can send a complaint to the EPF Commissioner along with proof of your deductions, to enable the EPFO take legal action against the employer and get your money credited to your account.
Rajendra K Goyal
(Expert) 12 July 2013
Agree with the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 12 July 2013
Non-deposit of the EPF deductions and contributions within time is a misappropriation of property of the relevant employee so a criminal case can also be filed against the concerned officials of the company. Obtain the help of a local lawyer.
Sudhir Kumar, Advocate
(Expert) 25 July 2013
atleast file a complaint before RPFC.
action u/s 406/409 IPC can be initiated by you along after collecting evidence that (i) PF was deducted from ___ to ____ month (ii) how much amount was deducted each month (iii) it was PF deduction and nothing else (iv) amount not deposited in EPFO
Sudhir Kumar, Advocate
(Expert) 25 July 2013
further u/s 406/409 IPC applies only if employee share is not deposited.
regarding employer share only action under EPF & MP Act is possible where prosecution procedure is very long and prerogative of EPFO.
