dear,
As per law, minimum 45 days required to clear the F&F settlement, if in your case it take time, then you have to consult with the HR dept regarding your settlement, why it was dealyed, whether you all dues(like LOAN,ETC) cleard or not of your previous JOB, one more important note whether you served one & two month notice period or not, whether your resigned was proper or not. the same should be intimated to the HR DEPT or not everything should be taken into consideration, in my point of view you 1st consult with your pervious HR DEPT. before taking any step.
From India, Gwalior
As per law, minimum 45 days required to clear the F&F settlement, if in your case it take time, then you have to consult with the HR dept regarding your settlement, why it was dealyed, whether you all dues(like LOAN,ETC) cleard or not of your previous JOB, one more important note whether you served one & two month notice period or not, whether your resigned was proper or not. the same should be intimated to the HR DEPT or not everything should be taken into consideration, in my point of view you 1st consult with your pervious HR DEPT. before taking any step.
From India, Gwalior
Dear Sanjeev,
Normally, upon termination of employment the wages and all other settlements should be paid within 2 days of termination of employment. If you have not received the same, then send a registered letter to your eployer to make the payment immediately with interest @ 12% P.A. within 15 days of receipt of your letter.
If nor reply is received or not paid as stipulated then take the issue to your area labour commissioner and then to court if not satisfied with the results with the labour commissioner.
From India, Hyderabad
12Normally, upon termination of employment the wages and all other settlements should be paid within 2 days of termination of employment. If you have not received the same, then send a registered letter to your eployer to make the payment immediately with interest @ 12% P.A. within 15 days of receipt of your letter.
If nor reply is received or not paid as stipulated then take the issue to your area labour commissioner and then to court if not satisfied with the results with the labour commissioner.
From India, Hyderabad
Hi,
I am having problem with my previous employer to getting my PF claim, I left the company 3 year's back, and i have sent the claim form 4 month's back. But till now i haven't got any claim in my account, When i am contacting with the HR guy he is saying there is some issue going on from bank side. But when i am checking the claim status on EPF Site it say's * * No record found. So i am unable to understand whether the HR has initiated my PF claim or not. And asking them regarding this they are giving some odd excuse. So i marked many mails to company GM but nobody is replying, Don't know what to do kindly guide me.
Thanks & Regards,
Shiv
From India, Bangalore
I am having problem with my previous employer to getting my PF claim, I left the company 3 year's back, and i have sent the claim form 4 month's back. But till now i haven't got any claim in my account, When i am contacting with the HR guy he is saying there is some issue going on from bank side. But when i am checking the claim status on EPF Site it say's * * No record found. So i am unable to understand whether the HR has initiated my PF claim or not. And asking them regarding this they are giving some odd excuse. So i marked many mails to company GM but nobody is replying, Don't know what to do kindly guide me.
Thanks & Regards,
Shiv
From India, Bangalore
There are two queries in this thread. One is about final settlement and the other is about PF transfer or settlement.
Let me address PF first and then Final settlement
1. PF settlement
It is a procedural requirement that an employee need to forward his application through his old employer. If they do not forward in a reasonable period say 7 days to 10 days, send a letter to them and mark a copy to PF commissioner. You will get addresses from the web site. If they still do not send, within next 7 days, lodge a complaint to PF Commissioner. Keep all copies with you. If there is no action for another 15 days, send another reminder to PF Commissioner. This must be to your Regional Commissioner. If there is no response within 15 days, send a complaint to Central PF Commissioner.Entire process should be completed within 60 days. I have personally seen this working in many cases. I have received communication from Regional as well Central Commissioner . If an employer does not respond, Inspector comes for inspection.
2. Final Settlement
There is no law which says that settlement shall be made within 45 days. At
least I am not aware. But gratuity shall be settled within 30 days. In case of termination, settlement shall be made within two days. wages for a particular period shall be made within 10 days of closure of attendance.Hence one can reasonably presume that delay beyond thirty days is unreasonable.
Some companies have the practice of insisting on "No due Certificate" Please insist on this certificate if there is no such practice.This must be given by the employer on the day he gets relieved. If you have a certificate with no dues, your balance will have to be settled immediately. If they do not settle, then send a letter to the CEO and request his intervention. If you do not get response, then lodge a complaint to the Payment of Wages Authority. this is normally Asst Commissionaer or Dy Commissioner of Labour of your region. You may assign this job to an advocate who normally charges between 10 percentage and 20 percentage as fees. I am aware that many a times this delay is caused due to lack of urgency. Lack of coordination between HR and Accounts is also a reason. In some cases, the operational Head would have stopped this with Accounts and they do not give clearance certificate easily.
In short, get a No due certificate before getting relieved, wait for a month, then send a reminder to CEO, wait for a week, then lodge a complaint to Payment of Wages authority. This will generate pressure for the employer to close the issue faster.
From India, Chennai
Let me address PF first and then Final settlement
1. PF settlement
It is a procedural requirement that an employee need to forward his application through his old employer. If they do not forward in a reasonable period say 7 days to 10 days, send a letter to them and mark a copy to PF commissioner. You will get addresses from the web site. If they still do not send, within next 7 days, lodge a complaint to PF Commissioner. Keep all copies with you. If there is no action for another 15 days, send another reminder to PF Commissioner. This must be to your Regional Commissioner. If there is no response within 15 days, send a complaint to Central PF Commissioner.Entire process should be completed within 60 days. I have personally seen this working in many cases. I have received communication from Regional as well Central Commissioner . If an employer does not respond, Inspector comes for inspection.
2. Final Settlement
There is no law which says that settlement shall be made within 45 days. At
least I am not aware. But gratuity shall be settled within 30 days. In case of termination, settlement shall be made within two days. wages for a particular period shall be made within 10 days of closure of attendance.Hence one can reasonably presume that delay beyond thirty days is unreasonable.
Some companies have the practice of insisting on "No due Certificate" Please insist on this certificate if there is no such practice.This must be given by the employer on the day he gets relieved. If you have a certificate with no dues, your balance will have to be settled immediately. If they do not settle, then send a letter to the CEO and request his intervention. If you do not get response, then lodge a complaint to the Payment of Wages Authority. this is normally Asst Commissionaer or Dy Commissioner of Labour of your region. You may assign this job to an advocate who normally charges between 10 percentage and 20 percentage as fees. I am aware that many a times this delay is caused due to lack of urgency. Lack of coordination between HR and Accounts is also a reason. In some cases, the operational Head would have stopped this with Accounts and they do not give clearance certificate easily.
In short, get a No due certificate before getting relieved, wait for a month, then send a reminder to CEO, wait for a week, then lodge a complaint to Payment of Wages authority. This will generate pressure for the employer to close the issue faster.
From India, Chennai
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