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cm84 (Booking associate)     04 January 2013

Employer deducting salary for leaves and not showing pf

Hi,

My wife is working with an event management company. Her employer is deducting Rs 800 per month as PF from her salary and whenever she asks for statement, they tell him they will provide that later. Many employees have left the organisation without PF details. Employer doesnot provide the PF account details as well.

Secondly, the employer is deducting salary for weekends as well as national holidays if any leave was taken a day before and after a holiday. For eg. she took a leave on 1st October and 3rd october, employer deducted salary for 2nd october as well. Same is the case with taking leave on saturdays. They deduct salary for Sunday as well. 

Could some one please let me know how labour court can help me against the employer?

 

 



Learning

 5 Replies

Advocate Rohit (Advocate)     04 January 2013

As far as the PF is concerned if your wife has the PF Account Number then she may visit EPFO website and check her PF balance by way of sms.

 

With respect to holidays, if your wife is taking leave on 1st Oct. and also on 3rd Oct. then the employer is not wrong for deducting salar for 2nd oct. as the employee has to attend the office one day prior of weekend holiday/national holiday or one day post weekend/national holiday. i.e. your wife needs to attend the office either on 1st oct. or on 3rd oct. to avoid salary deduction for 2nd oct.

 

Regards,

Advoctae Rohit Dalmia

9324538481

Mumbai

cm84 (Booking associate)     04 January 2013

Thanks a lot Rohit for the prompt response. Could you please clarify what can be done if one is on a sick leave. Secondly, how can we push the employer to provide the PF account number?

Thanks

Kumar Doab (FIN)     04 January 2013

You have posted that:

--“ Her employer is deducting Rs 800 per month as PF from her salary and whenever she asks for statement, they tell him they will provide that later.”

Does the company issue salary slip showing the deduction?

Does the company not mention PF number in salary slip?

The account slips are issued by o/o concerned RPFC to company and company is under obligation to supply it to concerned employee by effective mode of communication e.g. redg. post.

Now EPFO has started Pass Books also.

Why your company is providing pass books?

www.epfindia.gov.in

 

--“Many employees have left the organisation without PF details. Employer doesnot provide the PF account details as well.”

Why the employees who have left are are also silent?

All affected employees may lodge a complaint by letter thru redg. post to RPFC. Later all may obtain POD from PO{ internet generated is free and attested copy of run sheet of Post Man is made available against payment of Rs.10/}.

Escalate to Addl. CPFC of your state and CPFC. The contact details are in EPFO directory at its website:

www.epfindia.gov.in

 

Peruse thru RTI.

Obtain Form 3A, Form 6A, Form 23, extract of Form 24  etc……

If you are sure that employer is not depositing PF lodge complaint and PF office may start 7A proceedings.

Check at EPFO website is company is already in list of defaulters.

 

Submit a gentle representation to god offices of Appointing Authority and MD under acknowledgment to supply your PF number and account slip of total period of service and mention that you have been requesting I person in office to get these however these are not supplied to you till date.

If company has not circulated its published leave policy and Head-HR is not supplying it to you despite your written demands, demand it from good offices in the form of certified copy of printed publication of its leave policy.

Probably your query is for casual leave.

In case of sick leave company may not count the holiday falling in between as per its leave policy.

Request the good offices to let you know in writing why it counts holiday/off day/national holiday falling in themed of leave period in the leave period in case of all kind of leave including sick leave, casual leave, earned leave etc? Let the company reply to you in writing.

Probably the company is not a Factory and the company might be covered by SE Act of the state, which might be available at Dep. of Labor website of your state or you can buy from market.

You can also check with Inspector under SE Act of your state.

SE Act Delhi:

22.    LEAVE.

Valuable advice of learned experts/members is sought.


Attached File : 809439303 delhi shops & establishments act, 1954.pdf downloaded: 185 times

Sudhir Kumar, Advocate (Advocate)     07 January 2013

It appears that PF is being evaded

 

The subscriber can put RTI to know his/her PF No and balance and if ther eis evasion the employer is liable for prosecution and file formal written complaint to RPFC with specific request that proceeding be initiated u/s 7A and you be allowed to participate

shivali shah (Founder)     14 June 2014

Dear All,


In addition to this post I want to ask that when an employee takes a leave on a Saturday or a Monday whether deducting his Sunday in this case is legal?


Regards,

Shivali Shah


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