Hi,
I was working as a manager in a corporate office in Delhi. As per appointment letter notice period is 2 months. I have resigned and did not serve notice period. Company sent me a demand notice to pay notice period after 6 months. Company calculated notice period on the basis of gross salary (Basic + HRA + Spl.Allowance) and adjusted earned leave on the basis of Basic salary only. Now company is not clearing PF withdrawal form, Form 16 etc.
Please advise :-
1. What is the legality of the notice period for officers in corporate.
2. Is the notice period and leave encashment can be calculated on different basis which only benefited employer.
3. Can I withdraw my PF without attesting from company and how.
4. How I could file a income tax return, if I do not have Form 16.
Thanks & Regards
Vineet Gupta
From United Arab Emirates, Abu Dhabi
I was working as a manager in a corporate office in Delhi. As per appointment letter notice period is 2 months. I have resigned and did not serve notice period. Company sent me a demand notice to pay notice period after 6 months. Company calculated notice period on the basis of gross salary (Basic + HRA + Spl.Allowance) and adjusted earned leave on the basis of Basic salary only. Now company is not clearing PF withdrawal form, Form 16 etc.
Please advise :-
1. What is the legality of the notice period for officers in corporate.
2. Is the notice period and leave encashment can be calculated on different basis which only benefited employer.
3. Can I withdraw my PF without attesting from company and how.
4. How I could file a income tax return, if I do not have Form 16.
Thanks & Regards
Vineet Gupta
From United Arab Emirates, Abu Dhabi
Dear Vineet,
1. As per the terms of appointment, you are legally supposed to serve your notice period and if not you are supposed to pay for the same. If you do not pay, the company has every right to hold your papers back and for that you cannot hold the company liable.
2. Different companies have different policies for notice pay as well as leave encashment. So it is perfectly OK if your notice pay and leave encashment is calculated in the above manner.
3. You can withdraw PF without attestation from your company by attesting your signature by your concerned bank in both Form 19 and 10C and submitting your forms in the PF office yourself. The only problem will be that you won't be having the contribution card (Form 3A) and for that the PF office will be asking for the same from your company. In that case the company has every right to hold the same and that could lead to some delay. But legally PF money cannot be held back by the company for a very long time.
4. the company has every right to hold back your Form -16, but as far as the remedy is concerned, I guess you have to ask a tax consultant.
Regards
From India, New Delhi
101. As per the terms of appointment, you are legally supposed to serve your notice period and if not you are supposed to pay for the same. If you do not pay, the company has every right to hold your papers back and for that you cannot hold the company liable.
2. Different companies have different policies for notice pay as well as leave encashment. So it is perfectly OK if your notice pay and leave encashment is calculated in the above manner.
3. You can withdraw PF without attestation from your company by attesting your signature by your concerned bank in both Form 19 and 10C and submitting your forms in the PF office yourself. The only problem will be that you won't be having the contribution card (Form 3A) and for that the PF office will be asking for the same from your company. In that case the company has every right to hold the same and that could lead to some delay. But legally PF money cannot be held back by the company for a very long time.
4. the company has every right to hold back your Form -16, but as far as the remedy is concerned, I guess you have to ask a tax consultant.
Regards
From India, New Delhi
dear
mr awvik has replied nicely.you can withdraw your PF without any problem
you fll up withdrawl form form 19 and 10 c and deposit direcly to PF office along a letter that employer is harassing and not attesting PF withdrawl form.
as per section 72(5) d of PF act pf dept will send your form to employer and employer bound to attest and return the same to PF office within five days of receiving.for form 16 you consult any tax consultant.rest points cleared by my awvik.
tks
js malik
From India, Delhi
mr awvik has replied nicely.you can withdraw your PF without any problem
you fll up withdrawl form form 19 and 10 c and deposit direcly to PF office along a letter that employer is harassing and not attesting PF withdrawl form.
as per section 72(5) d of PF act pf dept will send your form to employer and employer bound to attest and return the same to PF office within five days of receiving.for form 16 you consult any tax consultant.rest points cleared by my awvik.
tks
js malik
From India, Delhi
Dear Vineet,
Regarding PF you can directly go tpo the PF office & submit the for 10C & form 19. Else if are joined in any other company your current employer can issue form 13 & he can attest the same so then your PF amount will be carry forwarded to new account.
Regarding IT filing If you have Payslips of the company then the tax consultants can derive the income details & they will be able to compute your income details. So no need to bother about Form 16.
From India, Bangalore
Regarding PF you can directly go tpo the PF office & submit the for 10C & form 19. Else if are joined in any other company your current employer can issue form 13 & he can attest the same so then your PF amount will be carry forwarded to new account.
Regarding IT filing If you have Payslips of the company then the tax consultants can derive the income details & they will be able to compute your income details. So no need to bother about Form 16.
From India, Bangalore
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