Settlement
Anantha Sowrya
(Querist) 09 April 2015
This query is : Resolved
Dear Forum,
I'm an ex employee of Delhi based Company in Media Sales.
When joined they asked me to refer to their Company HR Manual.
Now, I have resigned & relieved from the said Company three months back.
Till now my Final Settlement was not settled.
Now, i again i referred their manual, in that manual it was stated that Final Settlement should be settled within
60 days of relieving.
AND
In that manual there is a also a statement about PF which runs as follows:
"On joining, the employee is required to fill in the joining report and complete all other relevant formalities required on joining such as Joining Format, PF, ESI form etc."
But i did not fill any PF or ESI Form, so i did not get any PF.
Queries:
1) Now, i can claim for Final Settlement & PF as stated in the manual.
2) For delay in settlement can i file a complaint in Delhi Labour Office.
Please enlighten me
Dr J C Vashista
(Expert) 10 April 2015
What was your appointment? Does it fall under the category of "workman" as defined in Industrial Disputes Act to approach the Labour Commissioner?
PF is governed by PF Act and Commissioner Provident Fund, Nehru Place, New Delhi is the authority for release/payment of amount credit in the fund/account, consult them.
Rajendra K Goyal
(Expert) 10 April 2015
Whether any PF deduction was shown in your salary slip.
Anantha Sowrya
(Querist) 10 April 2015
@ Vashista Sir,
I dont know whether i fall under workman or not my designation is Manager
@ Rajendra Sir,
No PF deductions
Rajendra K Goyal
(Expert) 10 April 2015
PF is to be claimed from FPFO, if the same was not contributed, you may not get. You may lodge complaint to the EPFO for not contributing PF in your case.
M/s. Y-not legal services
(Expert) 10 April 2015
as of your given fact you are not a PF contriutor. while being so you can not claim. but its not your mistake.
so you have fair chances to proceed against your company. just consult an local advocate who expert in labour cases..
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
Take the help of a local service law practicing lawyer on all such further issues.
