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Swapna Misal (Asst Manager)     29 June 2013

Regarding pending salary & pf

Hi Every one,

 

Please guide me on the following points:

1) My previous comapny not paying me my pending salary of March 2013. I already communicated with comapny but told me that I havent served notice period, but according to my appointment letter the term notice period was not mentioned.

And blamed me that I have to pay Rs.6000 to company. I dont know on what basis they have charged me this amount. I asked them but no reply has come.

2) Regarding PF withdrawal Issue: I claimed for my PF withdrawal but not responded on the same. My PF is of around 1.5 years.

Let me know what should I have to do on the same.

 

Regards,

Swapna

 

 

 

 



Learning

 6 Replies

VISHNU PROMOD SRIVASTAVA (ADVOCATE)     29 June 2013

Pl. issue legal notice to the Company by any Lawyer. In case any assistance is required pl. contact on phone or by e mail

Swapna Misal (Asst Manager)     29 June 2013

Dear Mr. Vishnu,

Thank You very much for reply.

But let me know after sending legal notice whether they will release my payment.? and what should I do if refuse to give me salary & PF?

I already communicated with them through emails on the same and raised some points which I havent done. Please guide me.

Kumar Doab (FIN)     29 June 2013

 

Did you follow up in writing and did the company assure in writing?

 

You have posted that :

 

-----“but according to my appointment letter the term notice period was not mentioned.

 

In such a case as per bilateral agreement signed by employee and employer in the shape of appointment letter drafted and issued by employer, notice period is not applicable.

 

Usually in appointment letter, it is stated that all T&C issued by company from time to time shall be acceptable and applicable to employee, and/or HR policies shall govern the employment/service conditions.

 

Has the company issued any corrigendum, letter/circular even if by email introducing notice period and if yes did you accept it in writing?

 

------“And blamed me that I have to pay Rs.6000 to company.

 

Company should supply acknowledgment and acceptance of resignation, work experience/service certificate, relieving letter, correct FNF statement, payment of dues, Form 16 as per correct FNF statement, PF number/account slips for entire period of service/pass book/attested copies of withdrawal or transfer forms, acknowledgment of handover of charge/company property, NOC/NDC etc………………..

 

Line managers and HR are not your employer.

Y

You may escalate to good offices of appointing authority, MD, CEO, Chairman, Company Secretary……….and narrate all representation made so far date wise and mention names of company personnel……………..by redg. post.

 

The day for payment of FNF dues is usual pay day.

 

-----“I claimed for my PF withdrawal but not responded on the same. 

 

Do you have acknowledgment of submission of PF forms?

The company should attest the PF forms and submit to PF office within 5 days and supply the acknowledgment issued by PF office by effective mode of communication to employee.

 

Refusal to attest PF forms is offence. If the company is refusing to attest and wish to withdraw you can get the forms attested by BM of the bank where you maintain an active a/c and submit thru PF office nearest to you (under acknowledgment).

 

 

You can lodge complaint thru PF office nearest to you (under acknowledgment). Let this company be penalized.

 

It shall be better to transfer PF and keep the a/c active as after 10 years you shall be eligible for pension. If you withdraw you shall loose a portion of EPS fund.

 

 

 

For unpaid wages employee can approach Trade Unions, Inspector under   Shops and Establishments Act of the state, Inspector under Payment of Wages Act (applicable to all employees drawing wages  as per def. of wages in the Act up to Rs.18000/pm) , Labor Inspector in o/o Labor Commissioner. The contact details can be obtained from o/o Labor Commissioner.

 

 

You may approach a competent and experienced labor consultant/service lawyer with all of your documents and issue notice to company.

 

In many of the cases legal notice of the lawyer drills sense into the heads.

 

Your lawyer can opine that you are covered in definition of ‘Workman’ or ‘Employee’ as in Delhi Shops and Establishments Act or not.

 Payment of Wages Act is applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm. If covered the employee can approach Inspector appointed under this Act.

 

Or you may have to approach civil court.

 

 

 

 

 There are threads indicating that employees have lodged criminal complaint under Sec 406, 420 and also that employee can treat unpaid wages as debt on employer approach employer as creditor. e.g;

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UboDXNhVMgt

 

 There are many threads on similar queries which you may find relevant and useful.

e.g;           

 

https://www.lawyersclubindia.com/forum/Employer-cheated-me-on-f-f-settlement-need-advice-83024.asp#.Uc67HTuAqWM

 

https://www.lawyersclubindia.com/forum/Salsry-on-hold-83258.asp#.Uc67STuAqWM

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.UboA-dhVMgs

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.Ubc5P_lVPxp

https://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp#.Ubc5qflVPxo

https://www.lawyersclubindia.com/forum/Non-payment-of-salary-81896.asp#.UbAThNKAqWM

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-not-paid--76066.asp#.UbAUUNKAqWM

https://www.lawyersclubindia.com/forum/Non-payment-of-full-final-sattelment-81866.asp#.UbAUwNKAqWM

 

https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UbAVCNKAqWM

https://www.lawyersclubindia.com/forum/Wages-not-paid-by-employer-81628.asp#.UbAVHdKAqWM

 

 

 

 

 

 

VISHNU PROMOD SRIVASTAVA (ADVOCATE)     30 June 2013

If the employer even after legal notice do not respond civil suit may be filed as well as criminal complaint may also be filed against him.

Swapna Misal (Asst Manager)     12 July 2013

Hello Everyone,

 

Thank you very much for reply.

Please guide me on the same once again.

 

I sent legal notice to company and the company has given reply on the same. The company pointed or raised some points as given below:

1) The comapny is not going to pay my salary of March 2013 month as I havent yet hand over all the files and data, all the legal & statutory charge, but while I resigned I have done all the procedure like hand over all the files & data and authorites and the company has given me relieving letter and experience letter on the same and whatever the relieving letter and experience letter I received is not true.

2) The company blamed me that I have deleted data unethically, but I havent done this.

3) The company blamed me that I have to pay Rs.6000 to company.I asked to the company that please give the details then the company rejected this point and said that this illegal amount we havent demanded to me, but i have mail proof on the same.

4) Until and unless I handed over the legal and statutory charge to the company they are not going to pay me my salary of March 2013 and PF of 1.5yrs.

5) I havent served notice period, bcause in my appointment letter the term notice period was not mentioned. On this point the company blamed me that I have taken laws in my hand and indicates negligence of mine.

 

Kindly guide me on the same and let me know its implecations or impact on my both professional and personal life.

 

Thanking you in advance.

Kumar Doab (FIN)     12 July 2013

The legal notice is drafted by your lawyer that has seen your documents on record, has analyzed the inputs given by you, and the merits in your case.

Likewise the reply issued by company thru its lawyer/counsel is based on facts/docs tproduced by company.

Your lawyer can advice you the best.

The reply of the company is in response to the legal notice issued by your lawyer.

The legal notice and reply to legal notice are now case documents on record.

This forum is for discussion and the heartfelt observation on your post shall not replace or amend the observations of your able lawyer.

The legal notice issued by your lawyer has succeeded to work in your favor and it is felt that company has erred by placing on record some statements which apparently is indicative of an adamant and recalcitrant mindset.

 

Point number 4 in your post):

It is believed that the company does not have its Private Trust to manage the PF. If it has you may download the PF rules.

Otherwise :

 PF (amounts standing to the credit of any member in the PF fund) can not be assigned, charged or attached under any decree or order of court.

{(Section 10): THE EMPLOYEES' PROVIDENT FUND AND MP ACT, 1952}

 

Refusal to attest PF forms is offence.

 

The statement of the company is refusal in writing. The HR/Line managers/Employer has notions that company has some kind of lien on Employer’s contribution to PF a/c of the employee…………………………

 

Apparently your lawyer has extracted a statement from your company based on which you can lodge a complaint to RPFC where you’re a/c is managed…………….

 

Point number 1 in your post):

Relieving letter signifies that nothing is due at the end of the employee and the employee has been properly relieved.

If you have acknowledgment/receipt of having handed over the charge/company property then it shall further augment your claim, that you have completed the exit formalities and have handed over the charge.

 

Do you mean that upon receiving legal notice now company is claiming that the relieving letter issued by a responsible official in the company is not true?

 Point number 2 in your post):

You have already stated that the charge leveled by company after issuance of completion of all exit formalities and thereafter relieving letter is false………………………

Point number 3 in your post):

The email proof is a case document on record.

The officials of the company were not sitting in the amusement park while they issued demand of payment of an amount in Indian Rupees………………………….

And now they come back in the office and have declined their own statement.

The cost of legal notice and damage demanded by your lawyer seems to be justified.

 

Point number 5 in your post):

Service condition are stated in the certified standing orders (CSO) of the company, appointment letter issued by it……………………………….Notice period/pay is part of service conditions and is stated in CSO, appointment letter ……………………

Any change in service conditions have to be notified to the employee in time and have to be accepted by employee……………………

If addition of notice period in service conditions was not communicated to you and was not accepted by you, you have a reason to agitate……………….

If company has its CSO extended to your designation and notice period stated in CSO is NIL it can not be 1 month in appointment letter…………………….The service conditions stated in CSO can not be negated to employee in appointment letter.

 

This post is a heartfelt opinion only.

 

Let your lawyer’s opinion be final on the matter. 


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