Did you submit company property, handover charge? Did you supply notice of resignation/final resignation and do you have its POD?
Did the company supply acceptance of resignation or is it keeping you as ’Absconder’ in its internal records?
Resignation can be without permission/notice! Days of bonded labor are gone.
You have posted that that you are a Manager/Supervisor. Still you may approach a competent and experienced labor consultant/service lawyer with copies of job advt, job application, interview call letter, selection letter, offer letter appointment letter, HR policy/service rules and regulation/all policies referred to and mentioned in appointment letter, standing orders applicable to the establishment (Model/Certified) and extended to your designation, ………………………………..show all records and give inputs in person.
Your lawyer may opine that you are covered as ‘Workman’ as in ID Act and as ‘Employee’ as in Shops and Commercial Establishments Act
………………………..
Designation alone does not decide employee shall be covered by these enactments or not. YOU may be eligible to lodge claim under Payment of Wages Act also.
If your lawyer opines that you are not covered then you may have to approach civil court.
The funds in your PF a/c are safe and are with EPFO and can not be attached by company even by decree f court.
It is better to transfer the PF to new company and keep the a/c active for at least 10Y and be eligible for pension. There are many benefits of PF.
You may submit PF forms for transfer to new employer under proper acknowledgment.
If you decide to withdraw you may submit PF forms for transfer to past employer under proper acknowledgment, preferably thru redg. Post ( obtain POD from PO and certified copy of run shet of postman too) and demand acknowledgment of forms and acknowledgment issued by PF office (for you) to be supplied to you by redg. Post only. YOU may mention that self addressed envelope for sending redg. Post to you is attached.
The designated person in HR has to attest the PF forms and submit to concerned PF office within 5 days or he/employer can be penalized. Declinature to attest the PF forms is offence.
However you should have the evidence. Record all calls/meetings and keep evidence.
The company shall have to pay wages of 7 days you have worked, encash paid leave, and can adjust notice pay (try for @ Basic+DA) and pay all other payables including reimbursements, incentives, Bonus and shall have to supply the correct FNF statement for verification acceptance by you and supply the service certificate, relieving letter, PF number-a/c slips/epass book, Form16 as per correct FNF statement, salary slips of all months.………………… .
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If employer defaults on wages then it might have defaulted on PF,ESIC, TDS, Contribution for insurance, Gratuity etc too………………………….
Employee can approach:
>>>Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year.
Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.
You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.
>>>Inspector under (Name of your state) Shops and Commercial Establishments Act :
One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.
>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under UP Shops and Commercial Establishments Act…………………………..however you may lodge complaints mentioning the enactments separately.
----Employees Unions e. They may help you.
--- Trade Unions.
----RPFC thru nearest PF office.
Does the company supply PF number, PF a/c slips for each year/or E Passbook? It has to.
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: ITO; TDS where you file your ITR
CIT-TDS (jurisdictional) where company files ITR
--DLC-Gratuity
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
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