due to organizational restructuring my employer asked me resigne and i did the same, but now my employer is became unresponsive on clearing my 18 day salary of april'12+ pf amount, i am totally helpless.. please guide me what are my legal rights regarding this
PS- i was not on probation
From India, Delhi
77PS- i was not on probation
From India, Delhi
Dear Imok
In fact it can amount to termination and if you fall within the category of workman and you can have some vidence that you are asked to resign, you can claim retrenchment compensation. First send a letter to the employer calling up on him to settle your dues without any further delay. Sofar as the optios for recovery are concerned, if you are a workman unde rteh Industrila Disputes Act you can file an application for recovery of dues under Sec.33(C) of the I.D Act. If you are not a workman, explore the possibility of a remedy for recovery under the Shpops Act of your State as some state Acts might provide for it.
B.Saikumar
Hr & Labour law advisor
Mumbai
From India, Mumbai
In fact it can amount to termination and if you fall within the category of workman and you can have some vidence that you are asked to resign, you can claim retrenchment compensation. First send a letter to the employer calling up on him to settle your dues without any further delay. Sofar as the optios for recovery are concerned, if you are a workman unde rteh Industrila Disputes Act you can file an application for recovery of dues under Sec.33(C) of the I.D Act. If you are not a workman, explore the possibility of a remedy for recovery under the Shpops Act of your State as some state Acts might provide for it.
B.Saikumar
Hr & Labour law advisor
Mumbai
From India, Mumbai
What is the amount involved for 18 days salary? If the amount is in thousand ignore. Take up another employment Apply for transfer of PF Employer can not do anything with the PF amount You can get it transferred to your new account
Do not waste time on litigation Your future employer may not appreciate it
Sivasankaran
From India, Chennai
Do not waste time on litigation Your future employer may not appreciate it
Sivasankaran
From India, Chennai
the worst thing is they deducted pf but not submitted it any where... i have no pf account, its just written in my salary slip
From India, Delhi
From India, Delhi
i am working as HR Executive there.. so i am not sure if i am can get any benefit under id act
From India, Delhi
From India, Delhi
Mr.Imok
In all probability, you will not be covered by ID Act. As Mr.Sivasankaran suggested see whether it is really worth spending your time for recovering 18 days salary. So far as P.F is concerend you can directly take up the matter with P.F dept, if your employer is not cooperating.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
In all probability, you will not be covered by ID Act. As Mr.Sivasankaran suggested see whether it is really worth spending your time for recovering 18 days salary. So far as P.F is concerend you can directly take up the matter with P.F dept, if your employer is not cooperating.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
thank you for replying. mr. saikumar & mr.sivasankaran. now i have two things in my mind.
1- how can i approach epf dept
2- i am raising my voice as i am concerned about my rights and as well as the rights of others. as being an hr if i am not able to secure my right how can i help employee/employer as an hr.
being an hr its my duty to work for welfare of employee an employer .
From India, Delhi
1- how can i approach epf dept
2- i am raising my voice as i am concerned about my rights and as well as the rights of others. as being an hr if i am not able to secure my right how can i help employee/employer as an hr.
being an hr its my duty to work for welfare of employee an employer .
From India, Delhi
1. Have they deducted PF from your salary?
2. Have they deposited the same with PF?
3. You say you had been in HR an you should have examined these issues while you were working there
4. If you have a PF number, when you join a new company, fill Form 13/13A for transfer of funds which will be done automatically
5 If they have deducted and they have not deposited, then write a complaint to the Regional PF Commissioner with a copy to Employer and Local Lqbour Department
As HR person we work for profitability in ethical manner for the organisation and employee welfare is one aspect of the job.
If you are concerend about your rights, then take it up with the employer
If you are concerned about the rights of others, then form an union
Sivasankaran
From India, Chennai
2. Have they deposited the same with PF?
3. You say you had been in HR an you should have examined these issues while you were working there
4. If you have a PF number, when you join a new company, fill Form 13/13A for transfer of funds which will be done automatically
5 If they have deducted and they have not deposited, then write a complaint to the Regional PF Commissioner with a copy to Employer and Local Lqbour Department
As HR person we work for profitability in ethical manner for the organisation and employee welfare is one aspect of the job.
If you are concerend about your rights, then take it up with the employer
If you are concerned about the rights of others, then form an union
Sivasankaran
From India, Chennai
my ans to Mr. Sivasankaran
1. Have they deducted PF from your salary?
yes
2. Have they deposited the same with PF?
no not at all i even dont have pf account num
3. You say you had been in HR an you should have examined these issues while you were working there
i'd asked my sr.hr and said "we just showed this deduction, but in actual there is no pf submission(it was during an informal conversation)"
4. If you have a PF number, when you join a new company, fill Form 13/13A for transfer of funds which will be done automatically
no...
5 If they have deducted and they have not deposited, then write a complaint to the Regional PF Commissioner with a copy to Employer and Local Lqbour Department
i have my mail ready..will shoot if i dont get proper response from employer
As HR person we work for profitability in ethical manner for the organisation and employee welfare is one aspect of the job.
If you are concerend about your rights, then take it up with the employer
yes i am...
If you are concerned about the rights of others, then form an union
again i am.. but others left,
From India, Delhi
1. Have they deducted PF from your salary?
yes
2. Have they deposited the same with PF?
no not at all i even dont have pf account num
3. You say you had been in HR an you should have examined these issues while you were working there
i'd asked my sr.hr and said "we just showed this deduction, but in actual there is no pf submission(it was during an informal conversation)"
4. If you have a PF number, when you join a new company, fill Form 13/13A for transfer of funds which will be done automatically
no...
5 If they have deducted and they have not deposited, then write a complaint to the Regional PF Commissioner with a copy to Employer and Local Lqbour Department
i have my mail ready..will shoot if i dont get proper response from employer
As HR person we work for profitability in ethical manner for the organisation and employee welfare is one aspect of the job.
If you are concerend about your rights, then take it up with the employer
yes i am...
If you are concerned about the rights of others, then form an union
again i am.. but others left,
From India, Delhi
Very unfortunate Based on the amount involved take a decision Send a letter to PF commissioner that they have deducted PF and not deposited they sure will take action
Send a letter to Regional Central and also send a copy to Local labour dept
If you have salary slips with you showing deductions, then you have a strong case
How big is the company Hopw many employees? What is the turnover? What do they do?
Is it a limited Company?
From India, Chennai
Send a letter to Regional Central and also send a copy to Local labour dept
If you have salary slips with you showing deductions, then you have a strong case
How big is the company Hopw many employees? What is the turnover? What do they do?
Is it a limited Company?
From India, Chennai
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