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jhumy kundu   21 June 2021

PF ISSUE

I've been fired from my job without any prior notice. They've make to work upto 5pm in lockdown and at 5:20pm suddenly they told me that you are fired and I got mail also. I was working there from 7 years. but I've found that they didn't diposit my pf amount from last 9 months. so what will I do now???


Learning

 3 Replies

Ritesh Maity (Labour Law Advocate)     21 June 2021

Such sudden termination without any reason is illegal and you may challenge the same. Since you have served for 7 years, you are not only entitled to gratuity but also retrenchment compensation. You seem to have a good case.

If contribution amount was deducted from your salary and not deposited before the PF authorities, then you may also lodge a complaint before RPFC. 

 

Sudhir Kumar, Advocate (Advocate)     24 June 2021

while lodeging complaint with RPFC p[lease do make a request that proceedings may be started u/s 7A of EPF ACt

and also do make a reuest for you to be allowed to participate in the hearing os tht you an put your views.

Kevin Moses Paul   02 July 2021

As per your query, you should be aware of IDA, 1947. According to the Indian Legal System, the IDA known as the Industrial Dispute Act, 1947 describes corporate or industrial matters that takes place between employers and their employees or workmen. Moreover, the IDA, 1947. also illustrates various terms and conditions that circulate the employment of conditions of labour.

Therefore, an employer has a right to end an employment relationship with his/her employees or workmen, without a good reason and therefore a justification is not required for the dismissal of services.

However, he or she (i.e. the employer) is obliged to send a notice of termination, 30-90 days prior to cessation of services and clear All Dues, making the Following Requisite Payments:

1. Salary in lieu of notice when the notice has not been given

2. Salary for the days worked which remain unpaid

3. Encashment of unused paid leaves

4. Payment of gratuity to the employee who served for five years or more, as given in the Payment of Gratuity Act 1972

5. Payment of bonus for those employees who worked for at least 30 days in a financial year and earn up to Rs.10,000; as per the Payment of Bonus Act 1965

6. Any other dues contractually agreed under the company policy.

However, since your company has terminated you with clearing the PF you being an employee can file a suit in Labour Court before the Magistrate against the employer for recovery of all pending dues.

This way you're entitled to get the payment of even the notice period.

Hope It Helps and clears all your doubt.

Regards
Kevin M. Paul

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