What is your company a commercial or industrial establishment?
You should obtain documents e.g. acknowledgment of notice of resignation, acceptance of resignation, service/work experience certificate, relieving letter, correct FNF statement, Form 16 as per correct FNF statement, acknowledgment of company property/handing over the charge, PF number, PF a/c slips of entire period of your employment etc…by redg. post only..
Gratuity: Submit Form I to appointing authority/MD, under proper acknowledgment and demand payment, with a copy to controlling authority of gratuity under proper acknowledgment. Specimen is attached however you may obtain from company/controlling authority of gratuity which may be DLC in o/o Labor commissioner at your location. If company does not disburse submit representation to controlling authority.
Read:
Section: 7
Determination of the amount of gratuity
(1)
(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount gratuity so determined.
(3)
It is felt that your employer has not issued and supplied any notice to you, and has not made the payment within 30 days.
PF:
Have you submitted forms PF withdrawal/transfer nad kept copies and do you have the acknowledgment and POD? Obtain POD.
Has the company issued any acknowledgment of PF forms?
Apply your resources and obtain acknowledgment even if by email.
The company should submit attested forms to concerned PF office within 5 days and supply the acknowledgment issued by PF office to employee by effective mode of communication e.g. redg/speed post.
You may submit a representation addressed to good offices of your appointing authority, MD, Chairman, Company Secretary and mention that you have submitted PF forms and these have been delivered on dated…..and POD is enclosed and acknowledgment issued by PF office should be supplied to you by redg. post and postage prepaid { as purchased from PO} self addressed envelope is enclosed herewith for sending the acknowledgment, payment of your dues by bank DD only, and all documents { whatever is pending} by redg. post so as to reach you in next 7 days.
If possible carry blank set of PF forms, cancelled cheque, visit the office with your witness and handover the covering letter, envelope etc in person and obtain acknowledgment with date under seal and signature of your letter and enclosures from reception where all mail of company is received and meet the concerned officials of the company and ensure that they have received your letter and enclosures from reception. If possible record {audio/visual}.
Check the name of the company in the list of defaulters on the web site of EPFO:
www.epfindia.gov.in
You can obtain certified copies of Form 3A, 6A, 23, 24 thru RTI.
If the company does not supply the acknowledgment and a/c slips you can lodge complaint with EPFO.
You can also submit PF forms duly attested by BM of your bank direct to concerned PF office with a covering letter stating that company is not attesting your forms, submitting to PF office and is not supplying you the acknowledgment issued by PF office, and PF a/c slips of previous years..and RPFC should order inquiry by PF official in person and supply you the findings of the inquiry.
You can chase your complaint thru RTI.
If 7A proceedings are already initiated by PF office you can request to become intervener in the case and motivate other affected employees also to become intervener.
If PF office does not act properly you can pull them to Lok Adalat, DCDRF….
You can also approach o/o Labor commissioner and company may yield during conciliation proceedings.
FNF:
Obtain the copy of certified standing orders of the company {which should be displayed on notice board, near gate…and a certified copy should be supplied to employee against a nominal charge say rs.10/} HR policy, severance policy, FNF policy and demand that company supplies you a specific date by which payment by bank DD only shall be supplied to you thru redg. post only.
If standing orders are applicable to your company and have been extended to your designation company should have complied with the provisions and should have disbursed the payment to you on last day in office.
Model Standing Orders : 13{3},15,16,17
You can claim payment of wages under:
SE Act UP: 10, 11, 14, 18, 20…
Payment of Wages Act: 3{vi}, 5,13A,15, 16, 19, 20….
Claim interest for delayed period.
The company may yield to your representations or legal notice by your lawyer or you may have to agitate in appropriate forum.
You may contemplate to your due amounts as debt on company
Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment
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