I recently left a company (basically a sole proprietorship). I had joined the company after moving to city as I had no other option to make a living back then. My salary was leds than ₹15000 per month. I wasn't provided PF despite multiple requests, given the excuse that they'll soon start providing it. Due to lack of awareness and trust in the owner, I didn't bother as I was at least able to feed my family.
Later on, I realized that EPF is my legal right and the owner was avoiding paying it. No employee was ever given payslips, or appointment letters (having salary breakdown).
I do remember that we were asked to sign some agreement upon joining, which we were not allowed to read. Yes. Not allowed to read. But in my case, he gave the excuse that the legal consultant is in hurry and needs the doc immediately. Just sign it as a formality, we'll give you a copy right now. Which was never given. He said, "I was your uncle's student, don't you trust me? Am I asking for your property?"
Never seen this cruel world, I signed the document, of which I still don't know the content.
I recently heard that if I'm employed on a fixed term contract, I'm not entitled to EPF. Is it true?
Was the document signed so that he could evade EPF? The company had 30 employees but I did nothing that the owner had been operating using multiple companies of similar name. Example: ABCD Services, ABCD Technology, etc.
Is there anything I can do to get the PF? Will the justice system ever understand that I or somebody was coerced or tricked to sign a letter?
From India, Ahmedabad
Later on, I realized that EPF is my legal right and the owner was avoiding paying it. No employee was ever given payslips, or appointment letters (having salary breakdown).
I do remember that we were asked to sign some agreement upon joining, which we were not allowed to read. Yes. Not allowed to read. But in my case, he gave the excuse that the legal consultant is in hurry and needs the doc immediately. Just sign it as a formality, we'll give you a copy right now. Which was never given. He said, "I was your uncle's student, don't you trust me? Am I asking for your property?"
Never seen this cruel world, I signed the document, of which I still don't know the content.
I recently heard that if I'm employed on a fixed term contract, I'm not entitled to EPF. Is it true?
Was the document signed so that he could evade EPF? The company had 30 employees but I did nothing that the owner had been operating using multiple companies of similar name. Example: ABCD Services, ABCD Technology, etc.
Is there anything I can do to get the PF? Will the justice system ever understand that I or somebody was coerced or tricked to sign a letter?
From India, Ahmedabad
For coverage of PF the status of employment whether it is FTC, regular, permanent or causal does not matter. If the salary is not more than Rs 15000 the employee should be covered. An employer cannot avoid covering an employee just on a written request from the employee that he does not require PF. Therefore, whatever you have signed (without reading) is just a paper, and that will not aide the employer to exclude you from PF.
In some cases, where there are multiple organisations, the employer may purposefully restrict the number of employees in one organisation to 19 so that PF will not be applicable to that organisation. It may happen that out of the 35 employees, some are in one company and others are in the other company. Obviously, both the companies would have less than 20 employees, and would be out of the purview of EP coverage. Though the EPF has a system to club such organisations to establish that both belong to one management, now a days no such inspection takes place. The EPFO's website also contains field to inform the Inspectors/ Enforcement Officers of such happenings. But if you have already left that company, why should you go for that?
From India, Kannur
4247In some cases, where there are multiple organisations, the employer may purposefully restrict the number of employees in one organisation to 19 so that PF will not be applicable to that organisation. It may happen that out of the 35 employees, some are in one company and others are in the other company. Obviously, both the companies would have less than 20 employees, and would be out of the purview of EP coverage. Though the EPF has a system to club such organisations to establish that both belong to one management, now a days no such inspection takes place. The EPFO's website also contains field to inform the Inspectors/ Enforcement Officers of such happenings. But if you have already left that company, why should you go for that?
From India, Kannur
Mainly because I still don't have an appointment letter from that company. Only have experience letter and last 3 month payslips.
I have worked in a different company after quitting this shady company and now working in another MNC in Karnataka.
Do I need to have the appointment letter of that company? Is it needed in the future for purpose?
From India, Ahmedabad
I have worked in a different company after quitting this shady company and now working in another MNC in Karnataka.
Do I need to have the appointment letter of that company? Is it needed in the future for purpose?
From India, Ahmedabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Previous Employer.xls