Faulty EPF policy leading to large payments

Whether trade unions are there or not it is not much relevant in the issue.  Every single subscriber has a right ot being heard in EPFO in such cases.

You are apprehensive on action by HR/employer.

The unions/Works Committee/Grievance Redressal Committe can take up the matter.

Or

Or Employee(s) can complain to RPFC/Addl CPFC/CPFC in EPFO

Or Entrust to a very able counsel specializing in Labor/Service matters.

Or change employer and claim later.

Or succumb to pressures of employer thru HR.

Choose your options wisely.

Thanks. We are currently going over the options and trying to decide. Changing the Employer is not an option as HR has said that anybody leaving the company must payoff the amount, before he gets the Relieving Letter.

We are open to and any authority/union that can take up the matter. We will decide and approach them early next week. 

Please give us any information that might help in this regard.

"anybody leaving the company must payoff the amount, before he gets the Relieving Letter."

another illegal step.  You hve to realise that they have to deposite the entire amount anyway. first let them deposit. or face attachement/arrest etc.

further you also neede to read bounded labour act (small document) available on net.

The act of HR may amount to rowdiness of bosses in office.

You have not replied to:

“What is written by HR personnel, even if it is as posted by you: in BCC?”

You have posted that:

“HR has said that anybody leaving the company must payoff the amount, before he gets the Relieving Letter.”

Relieving letter signifies that employee has separated and nothing is due against employee.

The salary slips of all months, correct FnF statement, Form 16 of all years and as per correct FnF statement, copy of notice of resignation/final resignation its proof of dispatch/delivery/acknowledgment by employer, PF a/c slips of all years, ESIC card, acknowledgment of handover of charge/assets, NOC/NDC etc etc   can be as good as Relieving letter.

While service certificate do find mention in umbrella of Labor laws the relieving letter seems to be a privately coined term that has become practice and prevalence, precedence and certainly a condition by some employers to absorb an employee into employment.

Hence relieving letter should also be issued to employee(s).

In your case, there is nothing due towards employer by employee.

If any complaint/case has been filed against employer it is not decided by authorities

( EPFO ) in your case.

Employee is not declared offender.

Employer seems to be offender.

The complaint is against employer not employee.

The actions and threats of employer pertaining to ‘Relieving letter’: may get termed as;  ‘Twist Arm Tactics’, ‘Rowdiness’

Here the offender is employer.

You may clarify; “Did employer place before you any policy/rule/document that states: Is employee interested to become member of PF or not?” Did you sign it and submit? Do you have the copies of such rules and such signed forms?

 You may also post the extracts from: job advt, interview call letter offer letter, appointment letter, service rules/conditions narrated in appointment letter, HR policy for employees, employee handbook, T&C on resignation/termination/exit formalities etc etc ………….. and on issuance of service certificate, relieving letter etc etc   

even if such agreement was signed by the employee it is absolutely irralevent.

illegal agreement has no standing.  The employer is not bailed out of statutory liability by such documents.  Had it been so he would have been able to befool EPFO and faced no such liability as facing now.

The point was raised from another prespective.

Of course, employer is under obligation to comply with statutory obligations.

In this case the employees are  neither united nor properly informed nor have a counsel specialziing in Labor/service matters.

In addittion the employee's are wary of lossing job if they protest.

It is another matter that we are responding and suggesting various prespectives.

Eventaully the querist and employee(s) shall get to know basics and can act to defend their interest.

Originally posted by : Kumar Doab
	The point was raised from another prespective. Of course, employer is under obligation to comply with statutory obligations. In this case the employees are  neither united nor properly informed nor have a counsel specialziing in Labor/service matters.   In addittion the employee's are wary of lossing job if they protest. It is another matter that we are responding and suggesting various prespectives. Eventaully the querist and employee(s) shall get to know basics and can act to defend their interest.

If theydo not want to unite and do not want to enlighten themselves about the truth and also wary of losing job

then

let them go and bear the employer share also.

Remain amiable and gentle.

Transact under proper acknowledgment.

Build irrefutable evidence.

Such and all maters can be resolved by employee with skills of persuasion, persistence, reasoning, negotiations.

Like any other skill such skills can be acquired.

Employee should have such skills.

Handling the bosses/HR is also skill.

A properly informed employee and community of employee’s that united (unions), properly informed can defend their interest much better.

Employee(s) that are poorly informed and are not united are like; sitting duck: and prone to exploitation.

The seasoned HR professionals that are interacting with you also have to justify their salaries to their bosses and employer.

The employee’s/trade unions have traditionally been strong in Maharashtra.

State of Maharashtra has enacted ACT like : MRTU/PULP.

THE MAHARASHTRA RECOGNITION OF TRADE UNIONS AND PREVENTION OF UNFAIR LABOUR PRACTICES ACT

https://bombayhighcourt.nic.in/libweb/acts/1972.01.pdf

It is surprising that employees in IT/ITeS sector in Maharashtra are not very well knit and united.

While in states like Karnataka, Tamilnadu, AP etc they have formed Unions are embraced by Trade Unions and have done a good job.

The benefits of being united and properly informed and skillful are many.

Probably you are not aware that: State of Kerala has included IT employees in Min. Wages. I have posted and attached notification in old threads, years back.

You can Search thru Search option.

In State of Kerala: ‘Kerala Government has brought all Commercial Establishments into the purview of Standing Orders’.  

Standing Orders (Certified/Model) provide for good working conditions: many benefits/protection to employees, e.g; 'Service Certificate' to each employee.

Standing Orders also provide for; Faithful Observance of standing orders by employer or employer itself can be penalized.  

You may go thru:

https://www.lawyersclubindia.com/experts/Kerala-shops-and-estabilishments-act-566406.asp

and other threads mentioned in it and download.

Not only Kerala: Delhi has also placed notification on ‘Service Certificate’ on its website.

Karnataka: Has notified; ‘Grievance Redressal Committee’.

ID Act provides for; ‘Works Committee’ and accords it status of Authority.

If the need be ever:  IT-ITeS Employee’s Unions/Trade Unions, your own able counsel specializing in Labor/service matters, can take care of everything that you aim and need.

Originally posted by : sadashiv
	IT IS BETTER TO EMPLOY AN ADVOCATE THAN TO DISCUSS UPON FORUM. THE IRONY IS THE TREND IN IT/ITES EMPLOYEES OF SHADOW FIGHT.

Can't sue the company right away. We have difference of opinion among ourselves. Trying to get a singular opinion. It is right that we are in the shadows. There will be disciplinary action, for uncalculated moves. They have a large dept. of lawyers, some of them I know personally.