Your employer should supply you, acknowledgment/acceptance of resignation, service certificate, relieving letter ( with good comments on conduct), NOC/NDC, correct FNF statement, correct Form 16 as per correct FNF statement, PF number, PF passbook/account slips for entire period of service, last salary slip, salary certificate……etc
The FNF statement would show DOJ, DOL and period/days for which salary is calculated
You may refer toSE Act of your state. e.g.;
The Delhi Shops and Establishments Act, 1954
2. Definitions.
(5) “commercial establishment” means……
(7) “employee” means a person wholly or principally employed, whether directly or
otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis) or other consideration
(8) “employer” means the owner of any establishment about the business of which
persons are employed, and where the business of such establishment is not directly
managed by the owner, means the manager, agent or representative of such owner in
the said business;
SE Act: e.g. SE Act Delhi:
19. TIME AND CONDITIONS OF PAYMENT OF WAGES.
21. CLAIMS RELATING TO WAGES.
35. Inspection of Registers and calling for information.
37. POWERS AND DUTIES OF INSPECTOR.
COMMENTS
(b) Duties of the Inspector :
(h) that the wages and other dues are being paid to employees in time as required under the Act;
(i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld;
41. WILFULLY MAKING FALSE ENTRIES
THE PAYMENT OF WAGES ACT, 1936
2. Definitions.-
3*[(vi) "wages" means
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
Some employees acquire some handle on employer by virtue of proximity to sensitive information, position.. etc and such employees can apply such handle and succeed with employer. If you feel that you have such handle you can try cautiously.
Such unscrupulous employers should be reported to statutory authorities.
The company has evaded PF. Your lawyer may opine that it is cognizable offence and attracts prosecution under IPC406.
Your lawyer may opine that the employer has been coercing employees for 13 months and can be prosecuted under 406,420…..and FIR can be lodged, and may also opine that the limitation period for you is 3 years.
The Labor Inspector may want to give notice and this may work in your favor and your payments may be released and the matter may end.
The company may relent and yield to your representation to good offices, demand notice, Notice by Wages Inspector, Inspector under SE Act, and legal notice by your lawyer.
The option to approach civil court is there too.
Valuable advice of learned experts/members is sought.
Yu may go thru some of the highly informative threads at LCI e.g;
https://www.lawyersclubindia.com/forum/Pf-amount-not-submitted-from-employer-74970.asp
Valuable advice of learned experts/members is sought.
