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Naresh (Sr Claims Executive)     04 September 2014

Epf and gratuity

Dear Sir,

I was worked in a DataMarshall Pvt Ltd firm in Hyderabad, for 5 years 10 months, before leaving this firm my health conditions are not well due night shift problems, like asleepness and stomach problems seriously. Then after one month I was sent a resignation email to my firm. Reply from my firm that is you are terminated from our our organization due you look long unplanned leaves. I Never asked them any questions.

After 4 months I was called to HR team to ask about my PF and Gratuity, reply is you are terminated so you could not eligible for gratuity and not full amount of EPF, you can get one contribution that is your part. Is there is labour law like this one contribution. I was requested so many times, and meet personally, they refused to talk to me also. 

Sir what can i do at this situation. Please explain me.

Thanking You

Naresh



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 September 2014

A provident fund member can withdraw complete amount from the fund once he attains the age of 55. Cases where withdrawal can be possible before attaining age of 55 are:

  1. At the time of Termination of service
  2. Retirement on account of total disablement
  3. Migration to other countries for permanent settlement
  4. Retrenchment.If you stay on with your employer for 5 years or more, you will be entitled to gratuity when you resign, retire or are retrenched.

     

     

    Job-hopping can increase your pay, but good old loyalty also has its perks. 

Kumar Doab (FIN)     04 September 2014

You grossly erred by not questioning.

If unplanned leave is not acceptable to company then it can decline to approve in writing.

The reply has to be supplied in writing within 3 days.

You may go thru Model Standing Orders Sec13-18.

The PF is managed by EPFO the funds in your PF a/c is not in control of employer.

HR is not your employer, he /she is just another employee in the company.Don't remain entagled with HR and submit all representations to appointing authority,MD.

PF: For withdrawal/transfer submit PF forms by redg. post under proper acknowledgment and obtain POD (free) and certified copy of run sheet of postman (against Rs.10/) from PO. The designated HR person has to submit forms to EPFO within 5 days and supply acknowledgment issued by PF office (for you) to you by effective mode of communication. Demand it by Redg. post only. You are eligible for full funds in PF a/c.

If HR/employer declines to attest PF forms it is cognizable offence.


Gratuity: You may narrate all representations made by phone/emails/in person (mention names, phone numbers, dates, brief minutes of discussion......................) and that notice of determination and payment of gratuity has not been supplied to you and FormI  is attached.........................

Employer has to pay gratuity even if no application is made by employee.

Demand  payment certificate issued by FI that managed Gratuity e.g. LIC…………………… The establishment can not keep a penny from payment released from Gratuity fund even if amount calculated as per formulae of calculation of Gratuity:

{(Basic+DA) /26*15*No. of years of service}

Is less than amount released by FI.


You are eligible for interest @10%pa.

 

 

It shall be appropriate to consult an able Labor Consultant/Service Lawyer and proceed under expert advice of your lawyer.


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