Final settlement not done and also no pf account

You can file complaint with Regional Provident Fund Commissioner with recovery detials. It is a serious offence by not remitting the PF recovery within time. They will take action. You need not settle but quote your PF No.. They will issue transfer certificate which you can use with new employer also. Regarding salary, you can consult a lawyer for issue of legal notice and legal remedy

You may serve a legal notice to the company.

Originally posted by : Rajesh Kumar
	Dear Legal Experts, I worked in a Private limited company for 1.3 Yrs and served the notice period and got releived 4 Months back itself. But till now, I have not received salary for 2 Months. From the day I joined, PF account has not been created for me. Inspite of several follow-ups with HR Manager, there is no proper response from them and they are telling me to wait by not mentioning for how many days I need to wait. Also, they are trying to threaten me that they are going to file a case against me indicating that I am trying to spoil the company's name by posting bad comments in internet and also telling I am forcing the other employees to go on Strike. Since I am asking for my Final Settlement, they are threatening me by stating the above complaints against me. Moreover, they have not created PF account for me. But they have deducted PF amount from my salary from the day i joined. Its clearly indicated in the all the Payslips. Also, they have given me only Releiving Letter and no response if I ask for Work Experience Certificate. Moreover, I got releived officially by serving notice Period. This is happening for all the employees who have left the organization for the past 6 months. The Management is not settling the dues for all the employees who have left the organization for the past 6 months. Even for the current employees, they are not giving the salary. The Management is also giving a statement like: "Do whatever you want? We are ready to face it legally and we know how to manage it and we never mind even if you file a case against us. We have political influence in state as well as in Central level" So, Please advice how to proceed further in getting the final settlement... Thanks in advance for your great help...

Do you have any irrefutable evidence of being threatened/intimidated?

 

1st thing 1st; All affected employees may unite hands and stand as witness to each other. Record all calls, meetings during which threat is being made, forced/ pressurized. This evidence can indeed help you to get compensationdamages/sue the employer and its attorneys.

At the same time put in serious efforts to firm up your next venture, ASAP.

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

PF; Agreeing with Mr. Krishna Mohan.

Do you have copies of offer/appointment/CTC letter that shows eligiblity for PF and salary slips showing deduction of employee's contribution to PF?

Likewise for ESIC?

Write to designated HR personnel that handles PF,ESIC and ask to supply the PF number, PF a/c slips of all years and emntion all previous representations in person/by emails etc etc ?

Escalate to good offices fo appointing authority, MD,CEO under proper acknowledgment.

Thereafter you have the option to escalate to RPFC, Addl.CPFC in the state,CPFC and even post to pg portal.........and attach record of all threats.......

Check if on record with EPFO the employer is already in the list of defaulters............

Relieving letter, Experience certificate: For establishment it may be same if it has record of your name,designation, tenure, NO dues etc etc