All employees may join hands and be witness to each other.
To lodge complaint and conclude it successfully proof/POD/acknowledgment……… is required. RTI is not applicable to private company however if the complaint is lodged with govt. regulators that can be pursued thru RTI.
It shall be appropriate if all employees approach a competent and experienced labor consultant/service lawyer and proceed under expert advice of the lawyer.
------The company is under obligation to supply you the acknowledgment of notice of resignation/acceptance of resignation, work experience/service certificate, relieving letter, correct FNF statement, Form 16 as per correct FNF statement, PF number/account slips for whole tenure of service, salary slips, NDC, acknowledgment of handover of charge/company property if any…………..etc
If company has supplied the relieving letter it implies nothing is pending to be done at your end.
Employee should maintain from beginning that Form 16 and any other document and payment by bank DD only be supplied by redg. post only. In case the employer is recalcitrant employee may add that postage prepaid, self addressed envelope is attached for sending redg. post to him.
Model Standing orders: 13. Termination of employment.- (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
Day for payment of FNF dues is max. by usual pay day.
For Unpaid wages employee can approach o/o Labor commissioner,
Inspector under state Shops and Establishments Act,
Inspector under Payment of Wages Act which is applicable to all employees drawing wages up to Rs.18000/pm.
Section: 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;”
There are threads t suggest that employees have lodged criminal complaints under section 406, 420…………………
And that unpaid wages can be claimed as debt on employer, e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
-----If you wish to withdraw PF, you may submit PF forms under proper acknowledgment
(Preferably redg. post) to company.
It is however better to keep the PF a/c regular for at least 10Y. You shall be eligible for pension. There is insurance from PF a/c and facility to obtain advance. If you withdraw you may loose quite an amount from EPS part.
The employer is duty bound to attest the forms and submit to concerned PF office within 5 days and supply the acknowledgment issued by PF office to employee.
Refusal to attest the PF forms is offence. If the employer does not attest the PF forms employee may lodge complaint against employer. In case you have the POD of PF forms submitted to employer you may write a complaint to RPFC and attach attested copies of PF forms by any of the designated authorities including BM of the bank where you have a regular a/c.
The complaint (by letter) and attested PF forms can be routed thru/submitted at nearest PF office (under acknowledgment of course) and request can be made to depute PF official and penalize the employer. EPFO is covered under RTI act, and in case of lapse by PF employees they can be penalized by the dept.
Meet RPFC in person. The contact details/directory, citizen charter is available at:
www.epfindia.gov.in
------Form16: The employee can lodge a complaint with ITO, I/c-TDS in local office, and CIT-TDS in jurisdictional office of IT where employer files return. There is provision for penalty if Form 16 is not supplied by deductor.
------Gratuity: You may submit FormI to company (by redg. post under acknowledgment). The company has defaulted by not issuing notice to you. If company does not tender payment of Gratuity within one month you can approach Controlling Authority of Gratuity at your location which might be DLC. There are provisions for interest for delay, penalty and imprisonment both in case of contravention of the provisions of the Act.
Refer to Sections: 3, 4, 7, 8 ,9…………. of Payment of Gratuity Act.
