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KHALID YOUSUF ( )     19 December 2010

PF DEDUCTED BUT NOT SHOWN ON SALARY SLIP

My son had worked for 11 mths for RELIGARE TECHNOVA  and was made to resign as thier contract had expired with the other party MTS. Now after going through the salry slip, it is not mentioned about ant payment of P.F nor any other details like PF Number etc.

Now I need to know what is the procedure to ask from the company to settle his arrears incl PF ESI etc so my son can claim for the amount from PR Deptt here in Thane Maharashtra.

Company has said that it takes 45 days for the clearance to take place to settle any arrears if any with the company. Pl advise



Learning

 7 Replies

H.M.Patnaik (Proprietor)     20 December 2010

Considering the limited facts stated above, how can it be said that deduction towards Employee Share of PF

& ESI from the monthly salary/ wages of the employee in question.The appointment in this case seems to

be an Outsourcing arramngement by Religare . The Appointment letter/ Job Contract if any may help the

workman to prove that  he is entitled to such benefits . Now, the ESIC authority are issuing a ID card with

membership number and if that is available , then it can be a proof of employment only. It has to be enquired

whether the employers have a Contributory Provident Fund  for their employees . With these records/ data

together with Relieve order, one can proceed to recover the PF dues from the employers for the period of

employment.

Kumar Doab (FIN)     16 February 2011

Company has been isssuing salry slip and must have issued appointment letter in which they mus have mentioed aout the benfits associated wth the service including PF etc.

He was made to resign since it suited th company.

You can enquire from the local office of the Regional PF commissioner ( the details of which are also available online at www.epfindia.gov.in) oand discuss the eligibilty as per salary structure, and post and nature of employment e.g. contractual/permanent......

You can also enquire from HR of the company for eligibilty, PF deduction,PF number.

If you wish you can protest for forced resignation

ravi shankar (finance)     27 June 2013

sir

Working in a  pvt ltd compaby from last 15 years also working as insurnce agent gtom last 7 years   and  my many company non life insurance policies are  covered by my agency.

is that ok 

i have not signed any documents such as will not work part time/full time for other company

what is the rule of employment in pvt ltd company,please reply

 

 

 

Sudhir Kumar, Advocate (Advocate)     28 June 2013

have tehy deposited the PF.........................RTI to RPFC

Indian (Engineer)     25 November 2013

My DOJ to the company is 18-06-2007 and relieving from the company is 28-02-2012, am i eligible for gratuity claim? my office working days in a week is 5 days. please reply

Kumar Doab (FIN)     25 November 2013

@ Indian,

 

You may go thru:

 

>> Payment of Gratuity Act, 1972:

 

---Section: 2A:Continuous service.

(1), (2) (a):

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; 

 

(ii) two hundred and forty days, in any other case

 

{So you may count 4 years from DOJ and 190 days in 5th year and you should be eligible}

 

 

--- (b) (i) (ii)

 

--- Section: 7:Determination of the amount of gratuity.

(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount gratuity so determined.

(3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.

If the employer has issued and supplied the notice of determination of Gratuity and has not paid the gratuity then it is violation of the Act.

 

You may submit FormI thru redg. post and obtain POD.

You should be eligible for interest which may be @10%/pa.

 

---Section: 8
Recovery of gratuity.

---Section: 9
Penalties.

---You may also check the appropriate government in your case would be state or central and approach Inspector appointed under this Act, Controlling Authority of Gratuity which may be DLC-Gratuity in o/o Labor Commissioner of appropriate government.

 

>> If you are not able to handle the matter on your own you may entrust it to your lawyer.

 

>> There are many informative threads on Gratuity at LCI at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

 

e.g;

 

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UpNd4NIW1MA

 

You may go thru these.

 

>> The other thread initiated by querist:

 

 

https://www.lawyersclubindia.com/forum/Gratuity-Calculation-1181.asp#.UpNacNIW1MA

 

 

Sudhir Kumar, Advocate (Advocate)     26 November 2013

let your son make RTI to PF office to know if they have deposited dues.  They are supposed to deposit by 25th of every month.


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