I am working as a HR Manager for a typesetting company
The reliving policy of our organisation is that the employee should give 30 days notice period before quitting. This has also been clearly mentioned in their appointment order.
One particular employee has quit the organisation & joined our competitor, he has not given any notice period, He just submitted the resignation letter & left. Now the issue is that, He has approached us back for the transfer of PF & other dues, For which the management has asked him to serve the notice period or pay off his 1 month salary & get all the dues cleared. But we are getting continuous call from the PF office for the transfer of PF account. The candidate has also signed a 18 months bond.
I have got the following queries:
1) Can the PF account be transferred with out the previous employers knowledge
2) Can any legal action be taken against the candidate
3) what is the other methods to retain the candidates
Seniors kindly help me to solve the situation. Its urgent, please help
From India, Madras
The reliving policy of our organisation is that the employee should give 30 days notice period before quitting. This has also been clearly mentioned in their appointment order.
One particular employee has quit the organisation & joined our competitor, he has not given any notice period, He just submitted the resignation letter & left. Now the issue is that, He has approached us back for the transfer of PF & other dues, For which the management has asked him to serve the notice period or pay off his 1 month salary & get all the dues cleared. But we are getting continuous call from the PF office for the transfer of PF account. The candidate has also signed a 18 months bond.
I have got the following queries:
1) Can the PF account be transferred with out the previous employers knowledge
2) Can any legal action be taken against the candidate
3) what is the other methods to retain the candidates
Seniors kindly help me to solve the situation. Its urgent, please help
From India, Madras
Dont submit his Transfer Form to PF office, once he cleared the notice period and dues then you can transfer his pf amout. Ask him to pay one month notice.
From India
10From India
The transfer form has been submitted from the competitors company. We have not submitted any form
From India, Madras
From India, Madras
Hi, All
You have asked three questions:
1) Can the PF account be transferred with out the previous employers knowledge
2) Can any legal action be taken against the candidate
3) what is the other methods to retain the candidates
Ans 1 Yes,PF can also be transferred without the knowledge of the previous employer. I think he must be knowing his PF number, and the PF department already have all his details. If you don't do this there are other ways also for PF transfer.
Ans 2. If you have the appointment letter duly signed by the candidate, and letter also contain the terms related to this, yes you Can send him legal notice regarding Payments.
By the way, i want to know, if his Full & final settlement is done? and last salary was paid?
3) what is the other methods to retain the candidates
Ans 3 . The other method to retain and employee is to go in depth, that why he left?
If because of higher compensation, you can't do anything. and if any other reason we can discuss.
Firstly search the reason of leaving.
From China
You have asked three questions:
1) Can the PF account be transferred with out the previous employers knowledge
2) Can any legal action be taken against the candidate
3) what is the other methods to retain the candidates
Ans 1 Yes,PF can also be transferred without the knowledge of the previous employer. I think he must be knowing his PF number, and the PF department already have all his details. If you don't do this there are other ways also for PF transfer.
Ans 2. If you have the appointment letter duly signed by the candidate, and letter also contain the terms related to this, yes you Can send him legal notice regarding Payments.
By the way, i want to know, if his Full & final settlement is done? and last salary was paid?
3) what is the other methods to retain the candidates
Ans 3 . The other method to retain and employee is to go in depth, that why he left?
If because of higher compensation, you can't do anything. and if any other reason we can discuss.
Firstly search the reason of leaving.
From China
Hi all
1. The PF amount can not be with held for the reasons of dues from the employee towards 1 month notice pay.
2. The PF can not be decreed by any court of law against any liability payments.
3. For getting back the 1 month notice pay, you can adjust against his due payments if any. or else issue him a legal notice and a copy of the same to his present employer and demand him legally the 1 month notice pay.
4. Retaining a candidate for the reason of 1 month pay is not a positive step, as he is no more interested with the organisation and he can reveal out the company secrets and the strategies.
5. Lead him to civil court Or a labour court for defaulting the code of conduct of the appoint letter terms.
6. Being a HR it is you duty and not any personnel revenge or any thing else so no personnel touch should make you stand still.
Mohan Rao
Manager HR
From India, Visakhapatnam
1. The PF amount can not be with held for the reasons of dues from the employee towards 1 month notice pay.
2. The PF can not be decreed by any court of law against any liability payments.
3. For getting back the 1 month notice pay, you can adjust against his due payments if any. or else issue him a legal notice and a copy of the same to his present employer and demand him legally the 1 month notice pay.
4. Retaining a candidate for the reason of 1 month pay is not a positive step, as he is no more interested with the organisation and he can reveal out the company secrets and the strategies.
5. Lead him to civil court Or a labour court for defaulting the code of conduct of the appoint letter terms.
6. Being a HR it is you duty and not any personnel revenge or any thing else so no personnel touch should make you stand still.
Mohan Rao
Manager HR
From India, Visakhapatnam
HI RSK,
In profession I don't think that we have to think about curse & other stuff. The question was not regarding the good wish or cruse, but it was in regard with the following of the organisations policy.
From India, Madras
In profession I don't think that we have to think about curse & other stuff. The question was not regarding the good wish or cruse, but it was in regard with the following of the organisations policy.
From India, Madras
Hi Mohan Rao,
The Employee has quit only after receiving his salary. We are not trying to retain the candidate for the Pay reason. The candidate has been in a senior position, He should have at least handed over his responsibilities to some other person.
From India, Madras
The Employee has quit only after receiving his salary. We are not trying to retain the candidate for the Pay reason. The candidate has been in a senior position, He should have at least handed over his responsibilities to some other person.
From India, Madras
Hi dhanumathy
The option left is to proceed legally against such staff, with a copy of legal notice to the present employer. The present employer should understand the present pain you are feeling , same he would feel some other time.
You can lead him to court, with out proper reliving letter from your end the present employer can not take him to services when he is being informed about your problems.
Mohan Rao
Manager HR
From India, Visakhapatnam
The option left is to proceed legally against such staff, with a copy of legal notice to the present employer. The present employer should understand the present pain you are feeling , same he would feel some other time.
You can lead him to court, with out proper reliving letter from your end the present employer can not take him to services when he is being informed about your problems.
Mohan Rao
Manager HR
From India, Visakhapatnam
Hi all,
a) PF can be transferred without knowledge of the employer unless it is held by employees PF trust.
On legal action following two things must be noted.
A) Though there is a bond it is not tenable in the eyes of law. In many cases the high courts and supreme court have held that pressing a person to continue in service based on the bond amounts to slavery and is against the right / freedom of work.
b) However if there is a clause of claim of liquidated damages ( if this person has been sent for very specialised training / seminars/ short term course sponsorred by your company) then you can initiate the legal action for recovery of these.
c) For recovery of notice period you may also issue a notice to him and his present employer.
d) You can also directly write to his present employer mentioning that since the person has not been relieved officially from you, he continues to be in your employment and such working would amount to double employment. Double employment is a punishable offence.
Kind regards
Dayanand L Guddin
SR. Head - HR
Bobst India
From Singapore, Singapore
a) PF can be transferred without knowledge of the employer unless it is held by employees PF trust.
On legal action following two things must be noted.
A) Though there is a bond it is not tenable in the eyes of law. In many cases the high courts and supreme court have held that pressing a person to continue in service based on the bond amounts to slavery and is against the right / freedom of work.
b) However if there is a clause of claim of liquidated damages ( if this person has been sent for very specialised training / seminars/ short term course sponsorred by your company) then you can initiate the legal action for recovery of these.
c) For recovery of notice period you may also issue a notice to him and his present employer.
d) You can also directly write to his present employer mentioning that since the person has not been relieved officially from you, he continues to be in your employment and such working would amount to double employment. Double employment is a punishable offence.
Kind regards
Dayanand L Guddin
SR. Head - HR
Bobst India
From Singapore, Singapore
Dear All,
As per PF Act PF cannot be attached under any circumstances even if the employee has misappropriated co's money. You cannot stop transfer of PF for reason that he has not served during the notice period. Further PF cannot be transferred without the knowledge of the previous employer. Because the previous employer has to sign Form 13 authorising transfer to the new account and that is why PF office is writing to you.
Secondly u can always take legal action against him for violation of terms and conditions agreed earlier.But best thing would be to adjust his notice period salary against dues
( like bonus/LTA / leave encashment etc )other than PF.
From India, Calcutta
As per PF Act PF cannot be attached under any circumstances even if the employee has misappropriated co's money. You cannot stop transfer of PF for reason that he has not served during the notice period. Further PF cannot be transferred without the knowledge of the previous employer. Because the previous employer has to sign Form 13 authorising transfer to the new account and that is why PF office is writing to you.
Secondly u can always take legal action against him for violation of terms and conditions agreed earlier.But best thing would be to adjust his notice period salary against dues
( like bonus/LTA / leave encashment etc )other than PF.
From India, Calcutta
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PF - JT BK ACCOUNT ACCEPTABLE.pdf