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Swapnil (Engineer)     28 March 2011

Pending Arears with the company

I was working with a private company. Due to recession, the company was paying half of the salary to the employees. The arears are pending with the company from past 1.5 years.What is the legal procedure to get my arears back from the company. I left the company 4 months ago.

I have a Full and final settlement letter in which they have mentioned the total arear amount.

Please guide me into the matter



Learning

 5 Replies

M.Sheik Mohammed Ali (advocate)     28 March 2011

send the legal notice to your company what you said.

Swapnil (Engineer)     28 March 2011

Thanks for Your reply Mr Ali.

Should I go through Labour Court??

And what will be the time span for getting my arears back after sending legal notice? How many months will it take for getting my money if i go through legal path?

V. VASUDEVAN (LEGAL COUNSEL)     28 March 2011

please provide the extract of the terms of conditions of employment and the full and final settlement - have they mentioned anything about the recession and time frame for release of remaining amount. Is the company now performing well or declared sick. Is the company a factory an establishment/IT industry. precise details would help providing appropriate solution

vasudevan

Swapnil (Engineer)     28 March 2011

Hello Mr Vasudevan,

In the full and final settlement letter, they haven't mentioned anything about the recession.Neither they have mentioned anything about the time frame for release of the due amount.

I have mailed the management several times. They have replied that they are still struggling with financials.They have cleared arears of some of their internal employees(those that are still with the company).The company is not declared Sick.

Company is a IT service provider.It provides mechanical design to European clients.

I had left the comapny 4 months ago, they havent processed my PF. I had applied for PF withdrawl.

Kumar Doab (FIN)     28 March 2011

The learned  members/experts have given their valuable suggestions.

You may post the details of your appointment letter.

Using your rapport, if possible ,you may discreetly obtain the details/copies of release of arrears to the existing employees.

If you have the receipt/acknowledgment  of submission of PF withdrawl forms to your company, you can complain to EPFO, www.epfindia.gov.in

If you feel that they have not processed your PF forms since they have not deposited employers contribution, then if you wish you can complain and shall be prosecuted and the PF authorities shall help you to get the withdrawl.

After 10 years of service you are eligible for pension ( @ lasr drawn basic salary), thus it shall be better to transfer PF.


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