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P.f settlement

(Querist) 28 May 2012 This query is : Resolved 
dear sir,
i have resigned from my previous organisation in july 2010 with a notice period of 15 days. notice required was for 03 months, but i got the opportunity to work in U.S so with a short notice i resigned. i inform to organisation that i have total 34 leave balances and i will give one month notice,, rest one month i m ready to pay, but they force me to pay for 03 months. so i didnt piad anything. after 04 months i receive a letter from company saying me to pay 47000 rs. i didnt paid that,,, now they r not allowing me to go for P.F settlements. what shoul i do... pls assist and sugest.
Sudhir Kumar, Advocate (Expert) 28 May 2012
PF is not subject to any adjustment. If they are wilfully withholding the claim they are liable for prosecution and you submit a complaint to the concerned RPFC.
V R SHROFF (Expert) 28 May 2012
PF is payable on resignation. As it is not accepted, you need to pay, and claim your leave salary . On Retirement, you are eligible to get your PF.
At present you are in two employment, as resignation not accepted.
Suhail A.Siddiqui (Expert) 28 May 2012
Sudhir advise is correct
RAJU O.F., (Expert) 05 June 2012
It seems that you had violated your service conditions of the previous organisation. It is advisable to amicably settle with them, to avoid unpleasant proceedings against you which may be a problem for your employment in US.


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