Company not giving form16, pending salary & pf
Abhijith Jayakumar
(Querist) 06 August 2013
This query is : Resolved
I was an employee of Acropetal Technologies Limited for 11months & quit in Feb 2013. Though its been 6months since I left the company they refuse to pay me pending salary & allowances. The company also refuses to give my Form16 stating that they haven't payed the taxes, though it was deducted from our salary. The PF details they provided also seemed to show as fake on the PF website. Please suggest what do I do since they are not even responding to calls/emails
Deepak Nair
(Expert) 06 August 2013
You can file a complaint with the labour commissioner of your jurisdiction.
Kumar Doab
(Expert) 06 August 2013
You may escalate the matter ‘Finally’ to good offices of appointing authority, MD, Chairman, Company Secretary……………………..narrate all representation made so far mentioning dates, names of company personnel……………………………..with brief minutes of discussion and explain………………..and conclude that there is nothing pending at your end………………..the documents and payments (provide detail) by bank DD only should be supplied to you by redg. post only……………………………….so as to reach you in next 7 days along with PF account slips of all years of service.
You may add that a postage prepaid self addressed envelope (as purchased from PO) is attached herewith……………………………..
If despite the best and sincere efforts good office does not resolve and provide relief,
the employee can approach:
-Lawyer/Law Firm: A legal notice by lawyer can drill sense into the heads.
Employee should retain access to a competent and experienced labor consultant/service lawyer and proceed under expert advice of his lawyer.
Almost all employer are crafting contracts with T&C inserted into these which are beneficial for the employer but restraining and damaging for the employee………………….
- trade union leaders
Majority of the employees refrain from becoming member of trade unions which is their loss.
Trade unions can negotiate service conditions for the benefit and advantage of employee.
Employers should have ‘Works Committee’ in which representative(s) of the employee are made member and even Chairman……………….
There should be Grievance Redressal Committee in company………………..
Be a member and educate others to form IC, trade union in company and trade……………
-Inspector under Shops and Establishments Act: one of the duties of Inspector is to ensure settlement of dues etc………………
e.g. Delhi Shops and Establishments Act : 37. Powers and duties of the Inspector: (b) Duties of the Inspector
(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
- 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),
2. Definitions.
3*[(vi) "wages" means all remuneration………………………..
(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;
-O/o Labor Commissioner:
Time for Payment of FNF dues is max. usual pay day………………
SCHEDULE I
[1][MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS NOT BEING
INDUSTRIAL ESTABLISHMENTS IN COAL MINES]
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.
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.
-Civil Court
-I/C –TDS at location where employee files ITR and jurisdictional CIT-TDS where company files ITR……………………………………..There are provisions for penalty for defaults by deductor (employer) if return is not files and Form 16 is not supplied………….
-Thru RPFC at location of employee: Non submission of PF dues is cognizable offence…………..
Pursue the complaint thru RTI and make the authorities act………………………and act sternly…………
There are threads to suggest that employee can approach police and lodge criminal complaint under sec 406, 420……………………………….
And to treat the unpaid wages as debt on employer and approach the employer as creditor …………..
e.g;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.Uf-LaNKAqWN
Abhijith Jayakumar
(Querist) 06 August 2013
Thanks Deepak for the quick response.
Could you please guide me on how this could be done? The company Acropetal Technologies Limited is based out of Bangalore. After leaving my job, I had to move in to Kerala. Could I file this complaint online or should I go to authorities in person in Bangalore
Deepak Nair
(Expert) 06 August 2013
You have to go in person to file a complaint as per the format provided by the court. Once the complaint is filed, the labour commissioner will send notices to the respondents.
it is better first to send a legal notice through a lawyer to the Company, Chairman, director who is in charge of your department and the Head of HR.
Sudhir Kumar, Advocate
(Expert) 29 September 2013
I add that regarding PF, LC has no jurisdiction. You have to file complaint with RPFC.
