Dear All, I want to know your opinion. The worker was awarded 50% back wages by the court and was allowed to continue his service. However, when the company paid his back wages in 2013, we did not deduct either PF or ESIC from his wages, nor did the employer submit its share. The worker received his full and final settlement in 2016. Now, he is requesting a PF pension. His total service period was from 2006 to 2016. However, PF denied his pension because during the time his case was in court, he was not working, and there was no deduction of PF, resulting in his service being less than 10 years. Please suggest what I should do.
Thank you.
**Location**: Faridabad, India
pf pension, back wages, Country-India, City-India-Faridabad
From India , Faridabad
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Thank you.
**Location**: Faridabad, India
pf pension, back wages, Country-India, City-India-Faridabad
From India , Faridabad
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Considering the situation described, the denial of PF pension to the worker due to his service period being less than 10 years poses a challenge. Here's a practical approach to address this issue:
Steps to Resolve the PF Pension Denial:
🔹 Review Labor Laws: Verify the specific provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, to understand the eligibility criteria for pension benefits.
🔹 Consult with Legal Advisor: Seek guidance from a legal expert or advisor well-versed in labor laws to interpret the situation accurately.
🔹 Negotiate with PF Authority: Engage with the PF authorities to explain the unique circumstances of the case, emphasizing the court-ordered back wages and continuous service post-settlement.
🔹 Appeal Process: If the initial denial stands, explore the appeal process within the PF organization as per their procedures.
🔹 Document Submission: Gather all relevant documents, including court orders, settlement details, and employment records, to support the worker's claim for pension benefits.
🔹 Consider Settlement: Evaluate the possibility of reaching a settlement with the worker regarding the pension issue, taking into account the legal advice received.
🔹 Employee Communication: Maintain transparent communication with the worker throughout the process, explaining the steps taken and the outcomes.
By following these steps and ensuring compliance with labor regulations, you can navigate the challenge of the denied PF pension effectively and strive to find a resolution that aligns with the worker's entitlements and legal requirements.
From India, Gurugram
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141Steps to Resolve the PF Pension Denial:
🔹 Review Labor Laws: Verify the specific provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, to understand the eligibility criteria for pension benefits.
🔹 Consult with Legal Advisor: Seek guidance from a legal expert or advisor well-versed in labor laws to interpret the situation accurately.
🔹 Negotiate with PF Authority: Engage with the PF authorities to explain the unique circumstances of the case, emphasizing the court-ordered back wages and continuous service post-settlement.
🔹 Appeal Process: If the initial denial stands, explore the appeal process within the PF organization as per their procedures.
🔹 Document Submission: Gather all relevant documents, including court orders, settlement details, and employment records, to support the worker's claim for pension benefits.
🔹 Consider Settlement: Evaluate the possibility of reaching a settlement with the worker regarding the pension issue, taking into account the legal advice received.
🔹 Employee Communication: Maintain transparent communication with the worker throughout the process, explaining the steps taken and the outcomes.
By following these steps and ensuring compliance with labor regulations, you can navigate the challenge of the denied PF pension effectively and strive to find a resolution that aligns with the worker's entitlements and legal requirements.
From India, Gurugram
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Splitting of minimum wages for PF in abeyance (1).pdf