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Tribhuvan (Accounts Executive)     09 April 2013

Pf claims

HI,

I worked in Accenture at  Bangalore  for  1 year 8 Months. August 10th I left the company  & company didn't provide any settlement amount and they told that my time report not updated so they can't release the settlement. Again I submitted PF Form but  unnecessarily they are making delay in the process of submitting PF Form. Can anybody suggest me the legal way to get my PF & Final Settlement amount.

 

Regards,
Tribhuvan



Learning

 2 Replies

Kumar Doab (FIN)     09 April 2013

 

You have posted that:

--“they told that my time report not updated so they can't release the settlement.”

If you have been marking your attendance then you should persist that you have been marking attendance and performing your duties and if despite that there is any error company should correct it with a copy to you.

Time of payment of FNF dues is usual pay day.

The IT/ITES companies are covered under Shops and establishments Act of the state.

You can lodge a complaint with:

- Inspector under SE Act, Karnataka:

18. Mode of recovery of unpaid wages, 39. Notice of Dismissal,

-Inspector Under payment of Wages Act.

2. Definitions.

3*[(vi) "wages"

(d) any sum which by reason of the ermination of employment of the person employed

is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

--“Again I submitted PF Form but  unnecessarily they are making delay in the process of submitting PF Form.”

Have your submitted PF forms earlier also, and do you have the proof of submission?

If yes attach the POD and demand the acknowledgment issued by PF office against submission of your PF forms, and PF a/c slips of entire length of service, by redg. post only.

If the company does not yield to your representations you have the option to meet RPFC in person and lodge a complaint in writing under acknowledgment with concerned o/o RPFC with a copy to Addl. CPFC, CPFC and chase the complaint thru RTI.

The contact details, Citizen Charter etc is available at:

www.epfindia.gov.in

You can also submit another set of PF forms duly attested by one of the authorities including BM of your bank direct to RPFC of concerned PF office along with a letter narrating that you have submitted PF forms to company ……..times (enclose copy of POD and letters to company) but the company has not submitted the forms to PF office and has not supplied the acknowledgment and PF a/c slips.

You may visit any PF office nearest to you in case of any difficulty.

The company should submit PF forms to PF office within 5 days and should supply the acknowledgment to employee.

You may address your representations to good offices of your appointing authority, MD, Company Secretary preferably by letter thru redg. post.

Designation alone does not decide employee is a workman or not.

The state of Karnataka had ended the blanket exemption granted to IT companies from the provisions of IESO Act and all companies were directed to submit draft standing orders within Dec 2012 for certification by Mar, 2013 and till than Model Standing Orders should apply.

Model Standing Orders:

8.             Attendance and late coming

11.          Payment of wages.--

13.  Termination of employment.- (3)              Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

16.  Certificate on termination of service.-, 17.            Liability of 17[employer].--, 18.          Exhibition of standing orders.--

 

 

If the company does not yield you can issue a legal notice thru your lawyer, and agitate in appropriate forum.

 

 

There has been along felt need for strong, well meaning, well knit union for IT employees.

You may go thru interesting publications at:

https://www.rediff.com/money/2005/oct/06bspec.htm

 

 

https://www.siliconindia.com/shownews/Should_IT_companies_allow_trade_unions-nid-67674-cid-1.html

https://www.answeringlaw.com/php/displayContent.php?linkId=1196

The proposal to forge a union for IT workers has now come from the Centre for Indian Trade Unions (CITU) -- the trade union wing of the Communist Party of India (Marxist) -- the largest Left party in the country.

 

West Bengal Information Technology Services Association (WBITSA): This union is floated by CITU (Centre of Indian Trade Unions- the trade union wing of the Communist Party of India (Marxist)- the ruling party in West Bengal).

 

"A union for IT workers is the urgent need of the hour. I would call the IT professionals 'the labourers of the information age.' They toil long hours; they work at night; and some of them still get meager salaries. So a labour union for them would help fight for their rights," CITU president M K Pandhe told………..

"It is not going to be easy. Already, we have begun the process to hold consultations with many senior IT employees in places like Kolkata [ Images ], Bangalore, Chennai and Trivandrum (Thiruvananthapuram). We do hope to establish a proper union soon," Pandhe pointed out.

Left leaders say there is also already tremendous backing from the Union of Network International, a global alliance of 900 trade unions, to forge an IT industry workers union in India.

However, a number of organisations for IT professionals now exist at the state level in Hyderabad (in Andhra Pradesh) and Bangalore (in Karnataka [ Images ]).

 

 "Yes, there is an urgent need for a labour law exclusively for the IT industry. It is the one sector that is booming across India, and we need to frame a legislation for IT workers. We are going to take up the issue with the Manmohan Singh [ Images ] government soon," said Community Party of India national secretary D Raja.

 

There are other forums e.g:

'IT Professionals Forum.' (https://www.itpfindia.org/in).

 IT/BPO Voice of India | Facebook

UNITES Professionals

https://www.unitespro.org/

 

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

 

https://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

 


Attached File : 551688282 karnataka shops and commercial establishment act.pdf downloaded: 120 times

Sudhir Kumar, Advocate (Advocate)     09 April 2013

refusal to submit PF foprm is punishable under EPF Rules framed under EFP Act. Give written complant to RPFC


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