Not processed pf & f&f not paid

Dear friend

Its duty of EPF department to collect the statutory dues from employer. Please send  to me your epf number, date joining and date of resigning and name and address of organisation to give my support further

by ea murugan

984276330

The employer that has defaulted on PF may declare bankruptcy, may close down the establishment etc..

Check with O/o Labor Commissioner at location of redg. office of the company if company has submitted notice to close down or has it initiated to liquidate the company.

If company has deducted PF contribution from your wages but has not deposited it with EPFO then you can lodge a complaint with police.

Instead of lodging a complaint online with EPFO, meet RPFC in nearest PF office in person with a pre written complaint and copies of proof of PF deduction and rejection of PF claim by EPFO (company not paid employee and company contribution to pf dept.) and demand that EPFO should  proceed treating the violation as cognizable offence.

Follow up thru RTI and ensure that RPFC initiates action.

If you are not satisfied escalate to Addl.CPFC of your state and CPFC. Their contact details are available at

www.epfindia.gov.in

You may also check if the company is featuring in list of defaulters at this website.

If FNF statement has been issued by company you should get it checked by some lawyer and verify the correctness. If it is erratic point out the errors and decline to accept it.

If FNF statement has been issued but FNF amounts have not been paid and company is not replying to emails then issue the final notice to appointing authority, MD, CEO, Chairman by redg. post narrate all representations made by you so far by emails, phone calls, letters etc (mention names. Designations, phone numbers and brief minutes etc) and demand that the payment by Bank DD only be supplied by redg. post only so as to reach you in next say.............7 days by redg. post only and mention that postage prepaid self addressed envelope is attached for sending redg. post to you.

If Gratuity is mentioned in your CTC submit FormI by redg. post and obtain acknowledgment from PO with acertifed copy of run sheet of postman.

If company has not been paying salary, PF, ESIC it might not have deposited TDS as well.

Employee can approach:

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, Manager Finance, appointing authority, CEO, Chairman, Direcotrs and MD in list of noticees............

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

Your lawyer may ask you a set of structured questions and may opine that you are covered.

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

-Inspector under  Shops and Commercial Establishments Act of your state; 

-RPFC, Addl. CPFC n the state, CPFC......................for PF

-Jurisdictional ESIC Inspector, for ESIC

-ITO-TDS where employee files ITR and Jurisdictional Cit-TDS where employer files ITR

-o/o Labor commissioner

-Civil Court.

There are threads to suggest that employees have been contemplating to lodge criminal complaint u/s 406,420..................

And to approach employer as creditors treating unpaid wages as debt on employer.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

Approach your lawyer. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best.

as advised by Mr. Daob, a legal notice with full particulars and a demand will be ale to produce the desired results, tyr it.

Thanks for your valuable reply will act with immediate labour case asap.

Thanks again

Ravi

Thanks for your Valuable suggestions.

Thanks & Regards

Ravi

Ravi Sir, Even I am the ex employee of educomp as resource coordinator. I left the job on 7th Jan 2013 by working for 2yrs and 7months but they have still not paid my full n final and pf amount. Will you plz tell me any hr phone no. or what action that u took for your money retrival. I am really tensed and fedup till date i have done 35 follow ups. plz help sir

In another thread at:

https://www.lawyersclubindia.com/experts/Fnf-and-pf-amount-not-provided-by-educomp-solution-since-1year-445041.asp

The querists (employees of M/s EDUCOMP) have posted similar queries.

There are many threads about this company at LCI alone at:

https://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=Educomp&B1=GO#.UsWHu9IW1MA

Don’t remain entangled with HR.

Submit final notice to Appointing Authority, MD, Chairman.

Therefore you may not expect attestation of your PF withdrawal forms.

If the post of your colleagues at the LCI thread mentioned above is true then company is a defaulter.

You may check the list of defaulters maintained by EPFO at:

www.epfindia.gov.in

For detailed under standing of the matter and to pursue with EPFO for recovery of PF dues you may meet in person the RPFC in nearest PF office AS AP.

If company has deducted PF dues fro employees and has not deposited with EPFO then it is cognizable offence and RPFC is duty bound to act immediately. Submit written complaint and obtain acknowledgment with diary number, seal and signature. Escalate to Addl CPFC in your state and CPFC, CVO and Pursue thru RTI. This should make them move at lightening speed.

You can lodge police complaint also.

If the company is a defaulter of PF then most likely the FNF dues shall also be defaulted by the company.

If this is the mindset of the company to ‘DEFAULT’ then it might be contemplating to close down.

Therefore don’t delay and act AS AP.

There is no simple way to collect dues from a defaulter.

You may approach Inspector under Payment of Wages Act and submit FormN for recovery of wages and other lawful authorities too as pointed in previous thread.

It shall be better if all affected employees join hands.