Query related to pf / salary deduction

First get issue a Legal Notice to your employee and after receipt of reply, you may think of future course of action.

.Once the employees got covered under the Act,as per the recent procedure,provided with an Universal Account Number (UAN) with which a member can transfer his PF accumulations (both employee and employer) to his present account when he changed his employment without any problem and that too simply he can do so to any place of our country.
5.The contribution of 12 percent of employer side is divided into two portions that is EPF and EPS. In which the EPS (8.33 percent)provided for Pension fund and balance will go to EPF. 

PF; Go thru the PF wage ( or in simple terms PF wages) ceiling and your salary breakup.

If you are eligible to be covered by PF wage ceiling then employer has to cover you and deduct employee’s share and add employer’s share, show it in salary slip and deposit with EPFO and provide you with PF number and PF slip of each year issued by EPFO to employer for employee. 

Deductions from salary: The earned wages cannot be deducted citing performance as a reason. Until or unless you have signed some agreement to such extent company has NO reason o right to proceed for such deduction. If there are separate heads say for performance pay/incentives duly agreed and accepted by you, then company may cite such T&C and deduct and show it in wage/salary slip.

Sales Record: Employee also does have the discretion to maintain sales record if IT entitles him/her to claim for any performance pay/incentives. You could have maintained it. You may write under proper acknowledgment to Line managers/HR head and good offices of appointing authority, MD to supply you all docs that you feel should be with you.

 

FnF: ideally the FnF statement and settlement and payout should be provided to employee on LWD o say within next 3 days or max. by usual/fixed payday.

Customer outstanding; generically speaking the employee is not responsible for the outstanding payment of bills of customer’s of company.

Until or unless there are any specific reason/grounds for which company wants to transfer the onus on employee or there exist some clause in agreement signed with employee based on which company can claim such adjustment.

 

Closure; If company wants to close operation/company then as per applicable enactments IT has to intimate the authorities and pay the dues of employees and even retrenchment compensation in eligible cases.

Closure o some service or withdrawal of some products from market may not necessarily be closure of the div/establishment. It may however be step to downsizing.

 

 

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

 

 

If you are already aware that company is heading to downsizing/closure then you may firm up your next venture ASAP.

Originally posted by : Dhumal
	Dear All, Need guidance as i am working with company since last 7 year and company has started to deduct PF from 2015 onwards.. as i have joined in 2011... AM i eligible to claim for this previous year PF from company for this... as our employee strengh is more than 100 all over india.. also company has started deducting salary this month onwards for some employee on name of performance but main reason is company is going to close and already closed services/ product for more than 50 % compare to previous services/ product we were offering.. also i have ask many time for my own sale record and revenue for last 7 year but company and management is not sharing to me to show them my performance and earning i have managed for company...  company also not giving full and final to all employee who has left the job and blaming as due to customer outstanding payment is pending so employee are not eligible to Full and final for this .... need support on above query.. and what further step i can take and how to get this deducted salary amout back.. suggest for this and need guidance for this and which law can support to employee in this case... Regards, Dhumal

 

Dear Mr. Dhumal,

At first you are reqwuired to do a very simple task of checking the terms of your appointment, as per the offer/appointment letter to see, whether your problem is in violation of the terms of appointment or not. You can't do anything, if there is no violation of the terms of your appointment on the part of the employer.

You may better consult some services laws expert in person by getting your service documents examined by him in detail.

 

 

 

Originally posted by : Dhumal
	Dear All, Need guidance as i am working with company since last 7 year and company has started to deduct PF from 2015 onwards.. as i have joined in 2011... AM i eligible to claim for this previous year PF from company for this... as our employee strengh is more than 100 all over india.. also company has started deducting salary this month onwards for some employee on name of performance but main reason is company is going to close and already closed services/ product for more than 50 % compare to previous services/ product we were offering.. also i have ask many time for my own sale record and revenue for last 7 year but company and management is not sharing to me to show them my performance and earning i have managed for company...  company also not giving full and final to all employee who has left the job and blaming as due to customer outstanding payment is pending so employee are not eligible to Full and final for this .... need support on above query.. and what further step i can take and how to get this deducted salary amout back.. suggest for this and need guidance for this and which law can support to employee in this case... Regards, Dhumal

 

Mr. Dhumal,

In the absence of discussion about the terms & conditions of your appointment your query becomes quite vague. Moreover, you seem to be more concerned with the F&F of the employees, who left service, rather than your own problem, if axctually you are facing.

Further, when you are still in service, how do you expect that the PF amount should be refunded to you? About performance based deduction from sdalary, you may check the conditions of your employment to know whether that is according to the conditions of your employment or not.

 

Originally posted by : KISHAN DUTT RETD JUDGE
	First get issue a Legal Notice to your employee and after receipt of reply, you may think of future course of action.

 

@ Mr. Kishan Dutt, Retired Judge,

Can you please enlighte, how far the legal notice would prove to be effective, when the employee is still in service and has not discussed even ABC of his service conditions?

 

Originally posted by : Rama chary Rachakonda
	.Once the employees got covered under the Act,as per the recent procedure,provided with an Universal Account Number (UAN) with which a member can transfer his PF accumulations (both employee and employer) to his present account when he changed his employment without any problem and that too simply he can do so to any place of our country. 5.The contribution of 12 percent of employer side is divided into two portions that is EPF and EPS. In which the EPS (8.33 percent)provided for Pension fund and balance will go to EPF.

 

@ Mr. Ramachary,

Relevance of your advice is not understead, where you have stated about transfer the PF amount tfrom the present account (apparently to the already existing present account), when the employee is still in service of the company, as he has very clearly stated, "i am working with company since last 7 year".

 

7 (seven) absolutely vague and mindless posts of Mr. Kumar Doab, which give clear indication that he made such number of posts merely as a matter of playing a number game only to add numbers to his credit.

By the way, can Mr. Kumar Doab clarify, for what specific purpose, he has sought huge personal information as well as the information of his company and how he proposes to help getting refund of the PF amount and performance based deductions, when the employee is still in service of the company?