Non payment of salary and pf

yashesh (Querist) 23 October 2013 This query is : Resolved
Dear sir

I was working in a Pvt. Sector company I left the company in June . Now when the company paid salary this week for May, they did not pay me ,because I left the co. , but was working in may with the company .

Second company has deducted my PF from salary but not paid to govt. since 10 months. So they are not issuing Form 16 .

Thank you
Please advise

Follow Query

Report Abuse

ajay sethi (Expert) 23 October 2013
did you comply with terms of your appointment letter . in other words did you give sufficient notice as provided in your appointment letter .

if you have done so company is bound to pay you salary for the period you have worked for . send email to company that you have not been paid for month of may and request company to do so .

issue legal notice if company fails to pay

yashesh (Querist) 23 October 2013
Thank you very much sir for your prompt reply
Yes i have abided by all regulations. The company has not been paying salary on time as they do not have money to pay
Sir what abt PF ?

ajay sethi (Expert) 23 October 2013
issue legal notice to company for outstanding dues . if company has deducted PF but not deposited it complain to regional provident fund commissioner .

under employees provident fund act commissioner can recover dues from company .

if commissioner fails to do so you can move consumer forum against the company and commissioner

Nadeem Qureshi (Expert) 23 October 2013
nothing left to add

Rajendra K Goyal (Expert) 23 October 2013
Send notice for balance payment to the company.

For PF take up the matter with your company, if no response refer the matter to PF Commissioner.

Sudhir Kumar, Advocate (Expert) 23 October 2013
agree with experts above.

I would add that if employee share deducted and not deposited it is offence u/s/ 406/409 of IPC which is cognizable and non-bailable. If you have requisite proof you can even move to local thana.

In addition it is offence under EPF&MP Act 1952 and you have in this regard to move to the RPFC with specific request you to be allowed to be present in 7A proceedings.