Pf & final settlement salary not releasing by com
Suresh Kumar Shaw
(Querist) 13 August 2014
This query is : Resolved
Dear Sir/Madam
I have resigned from my previous company on 16-01-2014 and requested the manager to clear my all outstanding payment including salary for the month of July 2013, August 2013 & January 2014 within seven working days from the date of my resignation on my resignation letter but only salary of July & August 2013 was released and yet the company has not issued final salary cheque to me after several calls to Local office and Head office. I have also sent two mails to local office (Kolkata) but no reply yet received from them. Over Phone, the accounts department of head office told me that they have not received any documents from Kolkata office to settle your account. The branch manager of Kolkata, is making delay this thing intensenally.
I need your advice to get my outstanding amount from the company. Also I need your advice that what legal options can be used in this case.
Amount Receivable from the Company
1.Salary for the month of January 2014(26 Dec 2013 to 16.01.2014) Rs 7026/-(9900*22/31)
2.15 days salary deducted and held by company from August 2011 Rs. 4500/-
3. Bonus from 1.4.2013 to 16.01.2014
4.PF Amount deducted but neither deposited into PF account nor given to me for the month of November 2011. Rs 523/-
5.PF amount deposited in account but the director not signing my PF claim Settlement form
Documents available with me: 1. Letter of my resignation duly signed my Manager.
2. Xerox copy of Exit Clearance duly signed my Manager. Awaiting your valuable advice and suggestion.
Best Regards Suresh Kumar Shaw 0990186364
Kumar Doab
(Expert) 13 August 2014
If Manager of Kolkota office has not sent the documents then you are not at fault and HO is duty bound to acquire all docs and process your salary, PF, Bonus in time.
You may attach copies of all docs that you have mentioned with a covering letter addressed to good offices of appointing authority, MD, Chairman, with a copy to Head-HR, Manager and demand your payouts by bank DD only and documents e.g. acceptance of resignation by appointing authority/MD/Chairman, service certificate, relieving letter, salary slips of all months of employment, PF a/c slips of all years , ESIC Card, Form16, correct FnF statement for verification and acceptance, etc………… thru Redg. Post only so as to reach you say in next 7 days……..
1. To arrive at correct salary divide monthly wages by 26 (not by 31) and multiply with no. of days worked.
2. Withheld salary is to be paid immediately and reason for deduction to be explained in writing.
3. Bonus is to be paid by 30th Nov 14 or employer can be penalized. Employer can pay in FnF settlement.
4. PF amount that has not been deposited has to be deposited and reason for non deposit to be explained in writing.
5. If you have POD of PF forms then you can lodge a complaint thru RPFC in nearest PF office under proper acknowledgment. The company has to attest and deposit PF forms in concerned PF office within 5 days and supply the acknowledgment issued to you by effective mode of communication. You may demand it to be supplied to you by Redg. post only.
If you face any difficulties you can approach employee’s unions, trade unions, Inspector under West Bengal Shops and Commercial Establishments Act, Inspector under Payment of Wages Act, O/o Labor Commissioner…………………preferably thru your Labor Consultant/Service lawyer.
Rajendra K Goyal
(Expert) 14 August 2014
Well advised, agree with the expert Kumar Doab.
ajay sethi
(Expert) 14 August 2014
agree with MR kumar
T. Kalaiselvan, Advocate
(Expert) 19 August 2014
