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pradeep   01 August 2016

Provident fund

hi my name is pradeep kumar.previously i was working in minacs in bangalore for 5 months.due to some health issues i went to my native place for 15 days again i come back to office.they putted me as absconded.now i want to with draw my pf amount.pls kindly help me in this how to move foreward


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 7 Replies

Kumar Doab (FIN)     01 August 2016

Did you inform sickness to leave sanctioning authority, preferably in writing, under proper acknowledgment?

Do you have evidence?

If yes, then you have not absconded.

Do you have evidence of sickness;;;; Dr Rx/Lab reports/Medica Certificate etc.

If yes submit with sick leave application, of course under proper acknowledgment.

 

If the remark is absconding then you are still not separated (say by termination).

Therefore your PF forms may not be attested for withdrawal/transfer.

 

Hence get discharged from charge of abscondment, first.

It is always better to transfer than to withdraw.

 

 

 

pradeep   01 August 2016

yes after 15 days i went to office with medical certificate.they told that its not a proper medical certificate they are expecting some more.at that time i got chicken folks.there is no treatment for that in hospitals.so one of the hospital in bangalore they conformed that its a chicken folks.i submitted the same to my hr deportment.but there is no response from their end

Kumar Doab (FIN)     01 August 2016

Did yuo submit under proper acknowledgment?

Did HR write to you declining to accept or demanded more in writing?

Did you submit any follow up commuication when HR declined to accept?

You could have taken help of your labor Law Consultant and submitted written communication  that you were not allowed to join and perfrom your duty.

 

 

 

 

Kumar Doab (FIN)     02 August 2016

Get discharged from charge of abscondment.

Kumar Doab (FIN)     02 August 2016

Instead of posting the message at profile, post in this thread.

 

You have posted follwoing message;

 

"hi my name is pradeep.i was working in a call center bangalore.last month 20 to 31 i went to my native without permission.now i went back to office.they putted me on absconded.now they are saying that rejoin now and go to the training.but u will not get the last month salary.why should i forget that 15 dys salary?now i want to resign and i will do notice period i will go with my full salary.is there any chance for that'

 

If you are facing difficulty in acting to resolve the matter in your favor then lean on a very able labor Law Consultant.

 

If you have informed by phone/letter by post etc then you have not absconded.

You have to be paid for all worked days.

Who refused to pay for all days woorked? Is it in writing?

Did you obtain salary slip for all months?

Saying telling etc are verbal communications and difficult to prove.

There are many BPO/IT/ITeS employee's associations and then Trade unions that can be approached by you.

 

Consult experts and put the things in order first.

 

Don't leave without information in future.

 

 

 

 

 

 

pradeep   02 August 2016

hi sir

i want to know one query that can absconded employee is able to get the salary or not.the management of the company saying that forget the last month salary and rejoin for trining

Kumar Doab (FIN)     02 August 2016

Last Reply:

 

Rejoin; Why and how? Have you to resign? If yes, is it without notice? If yes, then company can square off your dues by adjusting notice pay. And still keep status of 'Absconding' in your personnel file. This can result in negative feedback during BGV/reference check.

 

Rejoin: You may request to admit your sick leave that was notifid by you by ordinary post or phone call (You alone know it) and remove the charge of abscondment. It is misconduct and you can be terminated. This can result in negative feedback during BGV/reference check.

 

If terminated you have to be paid till LWD.

However company may still give adverse comments during BGV/reference check.

 

Get discharged from charge of abscondment.

 

Saying telling etc are verbal communications and difficult to prove.

 

There are many BPO/IT/ITeS employee's associations and then Trade unions that can be approached by you. List of unions is also available at website of Dept. of Labor Karnataka. Trade Unions like: CITU/INTUC/AITUC/BMS etc.................BPO employee union like ; CBOP and there many others that are active and effective at Bangalore/Karnataka.

 

If you are facing difficulty in acting to resolve the matter in your favor then lean on a very able Labor Law Consultant.

 

If you are unable to get acess to Labor Law Consultant, you can search at LCI option:

 

https://www.lawyersclubindia.com/lawyers_search/

 

Or you may send a PM mentioning your full name//contact details ;address/phone numbers/email id etc and we will try to make some suggestion, if possible. You shall have to contact your counsel and firm up your T&C on your own.....................

 

 


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