Hi,
My friend have worked with ESSAR company in Odisha for more that 3 years. Now he switched his job with new company in Maharashtra state. He have given proper resignation wile leaving the company which by accepted by company. He is following with the company for last year for relieving documents and PF withdrawl, but the company HR is not responding. He have no option to left to file complaint with labout court. Can anyone please guide me more on this issue ?
Regards
From India, Mumbai
My friend have worked with ESSAR company in Odisha for more that 3 years. Now he switched his job with new company in Maharashtra state. He have given proper resignation wile leaving the company which by accepted by company. He is following with the company for last year for relieving documents and PF withdrawl, but the company HR is not responding. He have no option to left to file complaint with labout court. Can anyone please guide me more on this issue ?
Regards
From India, Mumbai
Such matters will not be entertained by the Labour Court but he can file a complaint before the Asst. Provident Fund Commissioner who will direct the company to get the things done. Madhu.T.K
From India, Kannur
4248From India, Kannur
Dear Madhu !
First of all, I would like to thank you for your prompt and quick response. I have some other questions to ask.Where he need to file the complaint ? The earlier services was at Odisha and now he is working in Pune, Maharashtra. in Odisha or Maharshtra ? Is there any facility for online complaint on EPFO site ? I think complaining with Asst. PF commissioner, it will resolve only PF matter. Does it will helpful to get other relieving documents also ? Please guide on me on this issue also.
From India, Mumbai
First of all, I would like to thank you for your prompt and quick response. I have some other questions to ask.Where he need to file the complaint ? The earlier services was at Odisha and now he is working in Pune, Maharashtra. in Odisha or Maharshtra ? Is there any facility for online complaint on EPFO site ? I think complaining with Asst. PF commissioner, it will resolve only PF matter. Does it will helpful to get other relieving documents also ? Please guide on me on this issue also.
From India, Mumbai
If he has joined a comoany in Maharashtra now, however how can he withdraw his PF ? He is instead required to transfer the PF amount to his new company. For that purpose, he does not need any document from the company. He needs to file the relevant form with his new comoany for transfer. There is no need for signature of previous employer
From India, Mumbai
From India, Mumbai
As rightly said by Saswata, he is actually expected to get the PF transferred to the new PF account. Anyway, if he desires to withdraw it, then the complaint has to be given to the PF Office at Orissa.
For other relieving documents, he has to approach the appropriate authorities only. That means, if he has not been given service certificate which is issued by the employer, he has to approach the employer/ the HR head/ MD only and in such matters department cannot interfere. Of course, the Shops and Commercial Establishments Act of some states (like Kerala) has a provision that every employee left should be given service certificate and if the Orissa state Act also has that provision, he can approach the Labour Inspector/ Officer who is the appropriate authority under the Act and take his help. However, in respect of a factory or mine, there is no such provision under the present Acts though there has been a proposal of protecting the workers from the unfair acts of the employer by incorporating such a provision in the new Act ,viz, Small Factories (Regulation of Employment and Conditions of Service)Act.
Another important thing to be remembered is that nothing in these Acts will apply to an employee who has been working in managerial capacity.
Madhu.T.K
From India, Kannur
For other relieving documents, he has to approach the appropriate authorities only. That means, if he has not been given service certificate which is issued by the employer, he has to approach the employer/ the HR head/ MD only and in such matters department cannot interfere. Of course, the Shops and Commercial Establishments Act of some states (like Kerala) has a provision that every employee left should be given service certificate and if the Orissa state Act also has that provision, he can approach the Labour Inspector/ Officer who is the appropriate authority under the Act and take his help. However, in respect of a factory or mine, there is no such provision under the present Acts though there has been a proposal of protecting the workers from the unfair acts of the employer by incorporating such a provision in the new Act ,viz, Small Factories (Regulation of Employment and Conditions of Service)Act.
Another important thing to be remembered is that nothing in these Acts will apply to an employee who has been working in managerial capacity.
Madhu.T.K
From India, Kannur
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Registration for EPF-Procedures & documents.docx