Athar (ABC) 14 September 2013

Vindictive harassment by employer

Hi All,

I worked for an IT MNC in Bangalore on payrolls of another company (XYZ Company) from Feb 10 to Aug 10 and after leaving the organization, I had submitted the PF withdrawal forms to XYZ company for further processing, but they did not respond to me for next 6 months despite of continuous follow-ups and when I went to their office and met their HR head he said that my PF form has been misplaced by concerned EPFO and I will have to resubmit it.

I resubmitted the form and again I they did not process it for next one year, despite of rigorous follow-up from my end. Then, I sent them a formal warning letter by registered post asking them to submit it else I will file a case against them in labor court. That is when they processed it and I got the money after about 20 months of follow-ups.

And yesterday, I got a call from a gentleman from Mumbai who also worked for another MNC on the payrolls of this company, and he is also facing the same problem. I asked him, how did you get my number? How do you know that I worked for this company? He said “ XYZ company has sent a sample PF form to him, in which my phone number was mentioned”. I requested him to forward the same mail to me and when he forwarded that sample PF form to me, I got to know that XYZ company is sharing the scanned copy of my PF form with all its employees as a sample form. This form contains my bank account details, All my contact details, my address, my date of birth, my father’s name etc. I’m afraid that this information can be misused by anyone and even my bank account can be hacked.

Please let me know if I can take any legal action against the XYZ company for sharing my personal information with random people, without my permission?

If yes, what legal actions can be taken against them?

Can I claim for any compensation from them for the Harassment that I am being subjected to?

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2 Replies

Kumar Doab (FIN) 15 September 2013

You have posted that:

--------“ I went to their office and met their HR head he said that my PF form has been misplaced by concerned EPFO and I will have to resubmit it.”

This implies the PF forms were submitted by this HR head to concerned PF office.

Hence this HR Head should supply you the acknowledgment issued by PF office.

Or this HR head has lied.

Do you have the POD of forms submitted by you and copies of your follow ups?

---------“I resubmitted the form and again I they did not process it for next one year, despite of rigorous follow-up from my end. Then, I sent them a formal warning letter by registered post asking them to submit it else I will file a case against them in labor court. That is when they processed it and I got the money after about 20 months of follow-ups.’

Do you have the POD of forms submitted by you again and copies of your follow ups?

The PF forms should be attested and submitted within 5 days by concerned HR personnel to PF office.

The failure/declinature to attest the PF forms is offence…………………

Approach RPFC at your location with POD of PF forms submitted by you twice, demand to tell you if first PF forms were ever submitted by company and lost by PF office, copies and proofs submit a written complaint (under acknowledgment) and demand the company be penalized, with a copy to you.

----------“ He said “ XYZ company has sent a sample PF form to him, in which my phone number was mentioned”. I requested him to forward the same mail to me and when he forwarded that sample PF form to me, I got to know that XYZ company is sharing the scanned copy of my PF form with all its employees as a sample form. “

The email trail should mention the date and time of email by company to an outsider.

Approach your lawyer and pull the company, demand to beg apology in writing, refund all expenses incurred by you in follow ups and compensation.

Your lawyer that has seen all docs can advice you the best.