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kiran (fresher)     01 March 2014

Regarding pf amount

Dear Sir/Madam

I have query on PF amount. I worked 8 months for one software company later due some family problems i left the job without any notice.In that company bond is their.If i break the bond i need to pay 2 lacs.So without any notice to that company i left the company.My question is Whether i am able to get pf amount for that company or not. Please tell me the process how to apply PF

 

Thanks & regards

kirankumar



Learning

 7 Replies

Kumar Doab (FIN)     01 March 2014

Did you submit resignation under proper acknowledgment and do you have the acknowledgment?

Did the company issue notice, legal notice, termination order claiming abscondment?

If NO company may apply tactics and claim that you never resigned and were never relieved hence PF forms are not attested.

Otherwise submit to appointing authority, MD, PF withdrawal forms thru redg. Post and obtain POD, certified copy of run sheet of postman from PO.

There is no need to abscond and employee should always tender reasonable notice and complete tasks on hand.

Notice period is not necessarily as per appointment letter issued by employer.

There are many threads on similar queries that you may find relevant e.g;

https://www.lawyersclubindia.com/experts/Regarding-the-notice-period-456141.asp#.UxHh30eBmXU

 

https://www.lawyersclubindia.com/experts/Query-relating-to-labour-law-456296.asp#.UxH66EeBmXU

 

The Bond may not be enforceable if company has not incurred any expense on training that provided any extra ordinary skills or qualification.

Employee should always avoid acting on his own and in haste and must always consult elders in the family, competent and experienced well wishers, lawyer/law firm,  Trade Union leaders………………

 

You may find the attachments useful.


Attached File : 100204226 417759075 validity of employment bonds.pdf, 100204226 background paper.pdf downloaded: 81 times

kiran (fresher)     01 March 2014

Hi sir,

Thank you for quick response.i didn't resign their i just inform to them due some reasons i am need leavu this company please tell process becoz iam in bond period.So they told me that if you leavu u need pay 2 lac amount and also u need require ur manager permission. almost  we have discussed with two weeks but i didnot get any response.so i abscond from that company and also my ssc certificate is also strcuk their.Actually iam experienced person.they didnot provide any training for me.i have joined as experience guy in that company.So they didnot provide any training for me.So please tell me whether iam eligible for applying for PF

 

Thanking you ,

kiran 

Sudhir Kumar, Advocate (Advocate)     02 March 2014

have you technically ceased to be in service of the company or only an absoconder.

kiran (fresher)     02 March 2014

Hi sir,

 

Thanking for your response iam not technically ceased from company.i am only absconder

 

Thanking you

Kiran

Kumar Doab (FIN)     07 March 2014

Meet a labor consultant/service lawyer in person. Lawyers are skilled in arbitration, mediation, conciliation.

Your lawyer may succeed in convincing the company that Bond is Void and get your relieved without the need of litigation.             

Your educational certificates are your property and company can not have any lien on it.

Did the company demand to keep the certificates with it in, writing and did it issue any acknowledgment after keeping the certificates? This is a bad practice. It may render the employer as unworthy of being employed with.

If company did not grant leave citing Bond then it may get termed as exploitation.

Bonded Labor has been abolished.

If you have submitted resignation by post then your lawyer may opine to submit another copy by Redg. Post.

 

You may visit your lawyer with elders in the family. The tactical approach of lawyer may resolve your matter.

kiran (fresher)     08 March 2014

Hi Kumar,

 

Thanks for giving quick response and one more query in my mind is that is their any impact on my current job  becoz iam currently working and plz suggest me best lawyer for this problem and how much they will offer fee for this problem becoz i dnt have any family lawyers 

 

Thanks 

Kiran

Kumar Doab (FIN)     08 March 2014

Regret,can’t comment on fee of the lawyer. You have to settle it on your own.

What exactly do you mean by “is that is their any impact on my current job  becoz iam currently working “?

You may keep the current line managers/HR, employer in confidence. The current employer also does not owe anything to past employer. The past employer may get in touch with current employer so as to perturb you. However the current employer is under no obligation to revert to past employer.

 

 

Does a standing order (Certified/Model) apply to the establishment and cover your designation.

If the standing orders apply after the specific period of absence the employment may get terminated.

Model Standing Orders:  14.          Disciplinary action for misconduct: (3) (e)        habitual absence without leave or absence without leave for more than 10 days

 

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

 

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

 

17.  Liability of 17[employer].--The [1][employer] of the establishmentshall personally be held responsible for the proper and faithful observance of the standing orders.

 

 

18.          Exhibition of standing orders:

 

The Bond may be in violation of standing orders and also VOID. The employer may not be able to establish the BOND was created in lieu of which extra ordinary favor/expense on employee?

 

Meet the lawyer in person along with elders of your family, competent and experienced well wishers and understand the merits and how to proceed further.

 

 

You can also approach employee’s unions and Trade unions.

If the employer does not attest and submit the PF forms to RPFC and supply the acknowledgment issued by RPFC to you then you can lodge the complaint thru RPFC in nearest PF office and also submit the PF forms attested by BM of your bank thru RPFC in nearest PF office.

 

In the meantime you may find the attachments relevant.

 It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, Notice of resignation, resignation (sent by post) etc…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.

 

The reply by your lawyer and/or legal notice by your lawyer may succeed in putting the matter on ‘Shut up mode’ too.


Attached File : 309379732 model standing orders industrial employment standing orders rules.pdf downloaded: 58 times

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