Reliving, pf and grautity clearance

Hi

I resigned from my previous private organisation in the month of Feb, 2012, served my 1 month notice period properly. I was commited by the HR department that my Full and final settlement will be done in 30 days after serving my notice period and I will receive my PF in 3 months. Its been 4 months I have been following up for both but I am not getting any proper replies from the HR.

I am in a big financial crises dont know what to do.

Kindly help.

Thank you

Rashmi

You may submit a gentle representation addressed to the good offices of your appointing authority, MD, Chairman, Company Secretary with a copy to Head-HR narrating and covering each attempt made by you by phone, email, in person giving date of each one.

You may demand to supply you the FNF statement, and acknowledgment issued by PF office. Do you have the acknowledgment of PF forms submitted by you to company.

For gratuity you may submit form I to company with a copy to Controlling authority which may be ALC in your case, under acknowledgment from both. Employer should pay gratuity within a month of separation or shall have to pay interest on it.

Company shall compute the salary, incentives, performance pay, bonus, and paid/privileged leave in FNF statement.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Service certificate/relieving letter payment of wages should be issued to employee by last day in office.

Companies allot fancy designations and strive to convince the employee he/she is not a workman as many enactments favor the employee and limit the options to employer. However designation alone does not decide employee is a workman or not.

Have you applied for the withdrawal of the PF?

Have you applied for the withdrawal of the Gratuity ?

If your company is not answering than please approach the PF Commissiner of your Region.

If your company is not answering for Gratuity Than please approach the Controlling Authority under the Payment of Gatuity Act, 1972 or the Asst. Commissioner of Labour of the Region.

Thanks and regards

MSI

Thank you for reply.

I did fill up the PF withdrawl form 4 months back. However I do not have the PF acknowledge letter.

In the case of my FNF I have not received the FNF statement from my Ex company.

Recently from past 2 months I am sending emails to VP HR of the company but havnt received any reply from them.

I have tried all sort of communication right from gentle request to harsh emails but it seems they are holding a care a damn approach. I have even heard that many ex collegues of mine are facing similiar problems. Many people are following up from past 8 months.

Please suggest.

Thanking you

Rashmi Malik

In which state you have worked with this company? What is the line of business of this company?

You have posted that:

--"I did fill up the PF withdrawl form 4 months back. However I do not have the PF acknowledge letter."

Have you submitted PF withdrawal forms by redg. post or by hand in office?

You may write the details to good offices and demand acknowledgment issued by PF office, by redg. post.

--"In the case of my FNF I have not received the FNF statement from my Ex company."

You may demand FNF statement and payment of FNF dues by bank DD thru redg. post from good offices.

--"I have even heard that many ex colleagues of mine are facing similar problems. Many people are following up from past 8 months."

All affected employees may join hands and be witness to each other. All may write their issues to good offices with a copy to all affected employees. All of the affected employees can jointly approach O/o Labor Commissioner and invoke the clauses of Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. If required all affected employees mat approach a competent and experienced service lawyer. This shall lower the expenses also.

You may write all of your grievances to good offices by letter thru redg. post and mention that you are attaching a postage prepaid self addressed envelope as purchased from post offices for the sending the reply, FNF statement, DD, acknowledgment issued by PF office, by redg. post, to you.