Pf & full & final settlement
Indresh Mishra
(Querist) 06 January 2014
This query is : Resolved
I have left one pvt ltd company in Gurgaon in feb'2010 and since then my F&F is not yet done by them. Surprisingly they have sent me a undue legal notice stating standard breach of confidentially agreement which is completely baseless, and asked to send an unconditional apology letter. This all has happened due to the reason that the MD & Owner of the company did not want me to leave, and offered me great perks also to stay back, but I was not aspired to work there further. There is huge money left with them as I served my notice period and my perf bonus was also due. Now after sending a standard reply to legal notice and many reminders too, they are not releasing my F&F. Pls advise.
ajay sethi
(Expert) 06 January 2014
lodge complaint with Regional provident fund commissioner . if no action taken by Commissioner move consumer forum against the company and Commr .
Indresh Mishra
(Querist) 06 January 2014
That will take care of PF. How about remaining dues like notice period salary, due performance bonus, other claims clearance etc.
Kumar Doab
(Expert) 06 January 2014
The day for payment of FNF wages is last day in office or within 3 days or max. by usual pay day.
Prior to lodging a formal complaint you may submit a final representation addressed to appointing authority, MD and narrate all representations made so far ( by phone: mention phone numbers, names, by email, fax, letter, in person etc) and brief minutes of discussion, concluding you have complied to everything and nothing is pending at your end and decline to accept any reason for delay and demand that your wages and dues ( provide detail) be paid at once by bank DD only to be supplied thru redg. post only so as reach you in next say 7 days...................along with last month salary slip ( and all months of employment), FNF statement ( for verification and acceptance), Form 16 as per correct FNF statement, Service certificate, Relieving letter, PF number-a/c slips for whole tenure of employment, ESIC number/card, etc........
If establishment has defaulted on payment of wages then it must have defaulted on PF, ESIC, Group Insurance, Gratuity, TDS etc.................... .
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
-Inspector under Shops and Commercial Establishments Act; ( if the establishment is commercial)
- 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 )
-o/o Labor commissioner
- RPFC for PF
-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.
-ESIC Inspector
-Civil Court.
>> There are threads to indicate that employees contemplate to file criminal complaints u/s 406,420.............................and approach employers as creditors treating unpaid wages as debt on employer..................
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
>> You may without any hesitation approach a competent and experienced labor consultant/service lawyer.
You may appraise your lawyer the actual reason for vindication by employer and your lawyer may prefer to include it in notice.
The lawyer that has seen all of your docs, record can advice you the best.
Rajendra K Goyal
(Expert) 06 January 2014
Well advised by the expert Kumar Doab ji. agree to it.
