Hi!
Incase an employee leaves the job abruptly without submitting the resignation letter or without giving a notice , which has become quite common in the IT industry especially with Juniors, can be block their PF withdrawl or other benefits like Super annuation and Gratuity ?
What legal rights does a company have ?
Pl. let me know.
Thanks,
From India, Hyderabad
3Incase an employee leaves the job abruptly without submitting the resignation letter or without giving a notice , which has become quite common in the IT industry especially with Juniors, can be block their PF withdrawl or other benefits like Super annuation and Gratuity ?
What legal rights does a company have ?
Pl. let me know.
Thanks,
From India, Hyderabad
Hi, As regarding PF you cant block or attach PF of employees at any conditions. Regards Prashant patil
From India, Nagpur
From India, Nagpur
Hi,
You cannot withhold PF withdrawal on whatsoever the reasons. If you do so you will be penalised. If you refuse to send the withdrawal forms, the employee can send the forms to the PF authrities without obtaining your signature. The PF authorities will send the forms to you for your signature and you SHOULD send back the duly signed forms within a weeks time. Failing which appropriate legal action will be instituted against you.
Further the PF / Gratuity cannot be attached before any court of Law.
You could only block all his non statutory payments including salary.
Thanks
Michael Nicholas
From India, Madras
You cannot withhold PF withdrawal on whatsoever the reasons. If you do so you will be penalised. If you refuse to send the withdrawal forms, the employee can send the forms to the PF authrities without obtaining your signature. The PF authorities will send the forms to you for your signature and you SHOULD send back the duly signed forms within a weeks time. Failing which appropriate legal action will be instituted against you.
Further the PF / Gratuity cannot be attached before any court of Law.
You could only block all his non statutory payments including salary.
Thanks
Michael Nicholas
From India, Madras
A big "No" for holding PF, Gratuity etc. You can mention legal actions against such employees in your employment agreement so that if they leave the organization without resigning then you can challenge them in court.
Regards
Abhishek
From India, New Delhi
Regards
Abhishek
From India, New Delhi
My Dear
This is all related to social security of employees and this cannot be held back nor can be denied. Appropriate action/challan can be taken in case of default. Even loan taken by the employee cannot be adjusted against his due gratuity payment. I hope things must have now been clear to you.
Regards,
H R Singh
From India, Mumbai
This is all related to social security of employees and this cannot be held back nor can be denied. Appropriate action/challan can be taken in case of default. Even loan taken by the employee cannot be adjusted against his due gratuity payment. I hope things must have now been clear to you.
Regards,
H R Singh
From India, Mumbai
Hi
As per the feedback given above is correct we can't hold anyone's Statutory due which is ill legal. At the time of verification you can tell the current employer that he has not done the clearance and went without proper notice.
Regards,
Hemant kaskar
As per the feedback given above is correct we can't hold anyone's Statutory due which is ill legal. At the time of verification you can tell the current employer that he has not done the clearance and went without proper notice.
Regards,
Hemant kaskar
hi, we can’t hold any statutory benefits to the employee. But at the same time we can initiate disciplinary proceedings and can delay the process. albee :idea:
From India, Coimbatore
From India, Coimbatore
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HC All - Trainees not covered for PF -2010.pdf
PF Ledger.xls