Pf settlement!!
Dhaval
(Querist) 10 May 2016
This query is : Resolved
Let me introduce myself first, my name is Dhaval patel earlier I was in arise solution (a recruitment firm/agency) I had worked for 11 months in this company as a HR Recruiter/Recruitment Executive. i have been associated with this from 12 Jan 2015 to 27 Nov 2015.My LWD was 27 Nov 15. I left this organization due to some personal issue without serving notice period of 45 days. Now according to them I am absconded from the company and I will not be able to get any PF and other benefits. In the month December only i was having conversation with Mr Niraj From Arise Solution first he told me that you can consult with PF office directly and I am not bounded to help you regarding your PF.
Before ten day I visited PF office at ahmedabad they told me that I have to submit forms to PF O office with the sign of my last employer post this I had visited arise solution but again they told me you have to pay to the company amount of 34 days as you had not served notice period. I told them I was not having situation where I can serve notice period but they clearly denied me that until and unless you will not pay this much of amount of 34 days I will not sign this form you can go anywhere where you can.
Now the concern is this my CTC was 13500 per month and PF amount is near by 3000, so if I have to pay near about 15000 to get 3000 its not feasible for me
As they have not send me any letter of warning nor for absconding and according to me if any employee is not responding then and then only you can declare him as a abscond and you can not declare him without sending any show cause notice or warning letter.
Kumar Doab
(Expert) 10 May 2016
Although you were in HR apparently are not properly informed.
Did you resign by say letter by ordinary post? You can send the copy from your record, by email/Redg. post.
Did the company terminate on its records, by a speaking order?
Did the employer send any FnF statement to you?
The amount in PF a/c is not in control of employer and is with EPFO. It can't be attached even by a decree.
The FnF dues have nothing to do with PF settlement.
The employee must submit PF forms under proper acknowledgment say by Redg. post, followed by scanned copies by email, alongwith POD of PO and tacking report from India Post website.
You can even obtain certified copy of run sheet of postman.
You may attach covering letter narrating your visits and declinature to accept PF forms and attest these and that you have resigned.
Employer has to attest the PF forms and submit to EPFO in 5days and supply the acknowledgment issued by EPFO (for employee) to employee by effective mode of communication e.g. Redg. Post.
You may demand to supply the acknowledgment by redg. post.
If employer does not adhere you can lodge complaint with EPFO.
You can also submit PF forms thru EPFO and PF Inspector shall help.................Or you can submit PF forms attested by any other designated officer e.g. bank BM.......
YOu may discuss with PRO/APFC in nearest PF office.
YOu may let some good counsel draft your representations e.g. seasoned HR personnel/Employee's-trade union leaders/labor Law Consultant.
Were you issued any appointment letter?
What is the notice period/pay in it?
If you are covered by def. of 'Employee' as in Gujarat Shops & Estbs Act then notice period/pay shall be governed by this Act and it shall prevail upon appointment letter.
Hope you can read between lines.
Sudhir Kumar, Advocate
(Expert) 11 May 2016
First of all the PF cannot be withheld merely because some dues are there. Even court cannot attach the same.
It is criminal offense on the part of employer to refuse attestation on one ground or the other. So in this regard you have to submit the claim to the PF office with written com plaint. Some PF Inspector will go and get it attested.
You can also get it attested by other authorities.
You can also get it transferred to new account as and when you join any other company.
You may better visit PF office meet PRO or the APFC.
P. Venu
(Expert) 11 May 2016
The author has been comprehensively informed.
However, it is surprising that though he had served in HR, he is ignorant of the rudiments of EPF.
Dhaval
(Querist) 11 May 2016
Thanks All of you for replaying my query..
but still i m confused,as i had informed that i had sent them mail that i am resigning from my post and i am not in the situation to serve a notice period of 45 days. after that they have not send me any warning letter addressing me and no any verbal communication from them side.
when i gone to my last employer's office to sign PF from they clearly denied to me an told me until & unless you are not paying amount of notice period we will not sign this form even they have not send me any F&F letter or mail or verbal communication now in that case the as per them PF amount is 3 or 4 thousand nd for transfer my pf i have to pay amount of 45 days which is near by 14 to 17 thousand which is not feasible for me. pls guide.......
Kumar Doab
(Expert) 11 May 2016
It is surprising that you are, still, confused!
You have not replied to any point, pointwise.
Don't convert the moderation in the thread to chatting.
1. You can transfer the PF to your next employer and route PF forms thru next employer, under proper acknowledgment, with seal/date/name, as already explained..
2. You can submit PF (withdrawal) forms to past employer under proper acknowledgment and with covering letter/email as already explained.
3. You can lodge complaint with EPFO, as already explained.
4. If you are covered by def. of 'Employee' as in Gujarat Shops & Estbs Act then notice period, may not be more than, 30 days.
5. If NO appointment letter was issued to you then you may claim NO Notice period/pay was agreed with you.
6. IN FnF statement employer has to compute earned wages/reimbursements/bonus/OT/incentives etc and adjust notice pay to arrive at a final amount.
If you have resigned then you have severed employer-employee relationship the day you have resigned.
You may approach an able counsel specializing in labor-service matters and clarify anything that you may have and issue a legal notice to your employer.
Seek support from colleagues and unions.
Dhaval
(Querist) 11 May 2016
thank you for your earlier response.
Kumar Doab
(Expert) 11 May 2016
Welcome.
Thanks for your understanding.
Rajendra K Goyal
(Expert) 11 May 2016
Well advised by the expert Kumar Doab, agree to it.
Dhaval
(Querist) 27 May 2016
Dear all,
i am having two major issue which i want to understand very deeply..
1.want to know there is there any rules where employer can abscond an employee without any show cause notice or warning letter??
if no then pls guide what action can be taken in favor of an employee against employer.
2.employer not ready to relive me as i have sent mail that i am resigning and my notice period effective from today i have resigned but they are asking for valid reason until & unless they will not ready to relieve me pls suggest.
Kumar Doab
(Expert) 27 May 2016
If you have resigned then you have severed employer-employee relationship the day you have resigned.
The private/internal policies of the employer and/or attorney's of the employer in HR/Legal/Admin/Line Management do not matter at all.
One of your fellow employees have posted that he has resolved his issues with the help of unions at:
http://www.lawyersclubindia.com/forum/Not-getting-relieving-letter-even-after-serving-notice-perio-137291.asp
You may also go thru:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=45218&offset=4
Finally: You may approach an able counsel specializing in labor-service matters and clarify anything that you may have and issue a legal notice to your employer.
Seek support from colleagues and unions.
