Refusal of pf withdrawal & final dues
Satish Mane
(Querist) 05 November 2014
This query is : Resolved
Dear Sir/Madam,
I have joined one of hospitality company on Mar'2012 & left on Aug'2014 without giving any notice period period due to harrassement.
Now I am insisting my employer to release my PF withdrawal form & my other dues. But they are refusing the same. They ask to comply the terms of employment.
My Appointment letter states that my probation period will be for 6 months from the date of joining & management reserves right to extend / reduce /dispense with this period upon performance evaluation.. During probation, either party is liable to terminate appointment with 15 days notice in writing or 15 days salary in lieu thereof. You will confirmed on successful completion of probation period followed by performance evaluation & will be issued a confirmation letter in writing.
I state that They had done performance evaluation after completion of 2.5 months & it is shown negative remarks on evaluation & never gives any extension letter for probation period.
Now they are asking to give 15 days notice, Handover & NOC from HOD.
I would like to state that since I had not received any extention letter towards probation period increase, Can i deemed to be Confirmed Employee?
Secondly If i was not confirmed, then how could they registered my name in their corporate mediclaim policy since they had mentioned in my offer letter that indirect benefits are available only after confirmation viz LTA, Mediclaim, etc.
Kindly suggest on the following:
1) How to get PF amount
2) was I m confirmed employee or still on probation?
Awaiting for your revert.
Thanks,
Satish M
Kumar Doab
(Expert) 06 November 2014
Since it is stated that your confirmation is subject to written communication but no such communication is issued and supplied you may deemed yourself to be in probation.
Did you tender resignation and do you ha 've its POD?
Has the company asked you to hand over of charge,NOC etc. in writing?
Have you submitted PF withdraw/ transfer form under proper acknowledgement?
You can make the employer attest PF form thru RPFC.
Devajyoti Barman
(Expert) 06 November 2014
agree with Mr Doab.
Lodging complaint with PF Commissioner is an option.
Sudhir Kumar, Advocate
(Expert) 06 November 2014
if you have ceased to be in service the employer has no right or discretion to withhold PF.
You can complain to EPFO.
Further transfer to money to your new account will be irrespective attestation by old employer.
malipeddi jaggarao
(Expert) 06 November 2014
Whether they have deposited your PF with EPFO? First you have to confirm this. As rightly advised, they cannot withhold your PF. If they have not deposited, they may plead the reason of non-confirmation.
Rajendra K Goyal
(Expert) 06 November 2014
Whether PF of employees on probation in the company was also deposited with EPFO?
If PF of only confirmed employees need to be deposited and your PF was deposited, you would be treated confirmed employee.
In such case lodge complaint to EPFO if company is not forwarding your refund application.
Kumar Doab
(Expert) 06 November 2014
The appraisal remarks were negative hence you were not confirmed.
Since you were not confirmed 15 day's notice period is asked from you.
If notice pay in lieu of notice period (for anyone employer or employee) is stated in offer/appointment letter/contract of employment/HR policy-service rules mentioned in appointment letter then company at the most can adjust notice pay in FnF statement.
If NOC is not stated in any of the docs/policy e.g. mentioned above employer can't ask for it.
Even if it is stated attestation of PF withdrawal form can't be blocked and employer/designated HR personnel has to deposit PF forms to PF office within 5 days and supply acknowlsegment issued by PF office to you. You may demand to supply it by Redford. Post only.
PF is applicable in probation too.
Employer can't design any private policy on it.
If you have narrated harrassment in your representations /resignation then notice period might have lost its sanctity.
Notice period @ gross/basic pay is stated in enactmens applicable to establishment e.g. standing orders/Shops & Commercial Estb. Act and can't be more than it.
FnF wages are to be supplied on last day in office/within day next 3 days or max. By usual pay day.......or employer can be penalized.
FnF statements has to be supplied to you for verification and acceptance.
You may reply pointwise to all queries.
If you're unable to handle on your own approach your lawyer.
T. Kalaiselvan, Advocate
(Expert) 08 November 2014
for claiming PF accumulation, you may follow the suggestions made by experts, but kindly make a note to answer the queries raised y expert Mr. Kumar Doab, which will be useful to yourself too besides enabling the expert to render you with more suitable advises.
Satish Mane
(Querist) 10 November 2014
Thank you very much to all Experts !!!
But I have some query in this:
1) Since probation was over in Sept'12 (After completion of 6 Months from Date of Joining Mar'2012), Employer had evaluate my performance after 2.5 month from completion of probation period. They had not issued any intimation letter towards extention of probation period. They had reserved rights to extend/dispence/reduce the period. That means an employee should wait till employer awakes from his sleep.
2)has employer have any rights to keep an employee on probation for uncertain period.
3) Also they had mentioned all indirect benefits viz LTA, Mediclaim etc are availble after confirmation.
They had insured me in Corporate Mediclaim policy, Now tell me which clause is right here?
4) If the performance was not satisfactorily, Employer might have terminate employee, They should not wait for more than a year
Kindly revert ASAP
