Hi, I was working in a company with approx 150 people strength, We had multiple issues regarding Salaries and most of the people have resigned from the company. I have resigned from this org in Nov and still searching for a job.
We have pending salaries from Apr 2020. We moved to WFH mode from March 2020 before lockdown. At that time we had minor salary issues, Salary was coming in 50-55 days cycle, nobody cared as this was happening for some time.
Since then everything collapsed and during the lockdown and all, it went on adding to months and it was peak lockdown and there we no opportunities around so all stuck to this itself. By Nov it became unsustainable hence most of us resigned. So by end of Nov 9 months' salary is pending.
In addition, company has not paid PF for almost 2 years out of which they have deducted for 9 months. Aug 2019 to Mar 2020 (FY-2019-2020). In FY 20-21, since salaries are pending dont know whether they will remit the PF or include in salary and pay us (if they are paying). At last, what we heard is the company, as of Dec 2020 the managers were asked to resign and is closing down, nothing official still there are employees yet to put resign. But still, the company is not marked "exit" for any of the employees in the EPFO system.
To add there is no response to queries as there is no proper HR in the company now. So not sure who will approve any requests raised via the EPFO site.
I require some guidance in the below queries :
1. Can I mark exit myself and withdraw money from PF since I resigned in Nov?
2. If I get a new job or I mark Exit myself on EPFO site whether the previous employer (the above company) can still remit the money for old period.
3. What can be done legally to get the pending PF and Salary?? The company doesn't have any physical assets in India. The owners are not Indians (part of an overseas group) and hence Indian directors are employees, not owners.
Any guidance on the above will be very helpful for a group of people.
We have pending salaries from Apr 2020. We moved to WFH mode from March 2020 before lockdown. At that time we had minor salary issues, Salary was coming in 50-55 days cycle, nobody cared as this was happening for some time.
Since then everything collapsed and during the lockdown and all, it went on adding to months and it was peak lockdown and there we no opportunities around so all stuck to this itself. By Nov it became unsustainable hence most of us resigned. So by end of Nov 9 months' salary is pending.
In addition, company has not paid PF for almost 2 years out of which they have deducted for 9 months. Aug 2019 to Mar 2020 (FY-2019-2020). In FY 20-21, since salaries are pending dont know whether they will remit the PF or include in salary and pay us (if they are paying). At last, what we heard is the company, as of Dec 2020 the managers were asked to resign and is closing down, nothing official still there are employees yet to put resign. But still, the company is not marked "exit" for any of the employees in the EPFO system.
To add there is no response to queries as there is no proper HR in the company now. So not sure who will approve any requests raised via the EPFO site.
I require some guidance in the below queries :
1. Can I mark exit myself and withdraw money from PF since I resigned in Nov?
2. If I get a new job or I mark Exit myself on EPFO site whether the previous employer (the above company) can still remit the money for old period.
3. What can be done legally to get the pending PF and Salary?? The company doesn't have any physical assets in India. The owners are not Indians (part of an overseas group) and hence Indian directors are employees, not owners.
Any guidance on the above will be very helpful for a group of people.
Below are the answers to your question ;
1. Yes you can mark exit yourself and file application for withdrawn of the PF contribution.
2. Yes if you mark exit the previous company can remit the balance EPF contribution to your account.
3. Even then you can take legal action and file a compliance before the EPF department. If they are a company registered under the companies Act they cannot windup the company without payment of dues of the employees. Take appropriate action immediately.
From India, Chennai
41. Yes you can mark exit yourself and file application for withdrawn of the PF contribution.
2. Yes if you mark exit the previous company can remit the balance EPF contribution to your account.
3. Even then you can take legal action and file a compliance before the EPF department. If they are a company registered under the companies Act they cannot windup the company without payment of dues of the employees. Take appropriate action immediately.
From India, Chennai
Dear Mogammed,
Thank you very much for the advice. Sorry for late reply.
This is a ROC registered company, one question on this, we are planning to raise a complaint in RoC to keep them informed about these issues incase the compnay is going close down. Will that help.
One more thing to add is we went as a group to file Complaint in Labour office, they didnt entertain that by telling we are not registered as a Union so cannot do so. Also asked us to file individually. THere was already 2 cases filed by ex employees but from company side they came for 1 hearing only. Last 2 times they didnt appear. So we are skeptical about filing the case as the same will be our fate too. With all these. absence in Labour office meeting, PF pending, Salary pending etc can we file a case in Civil Court
Thank you very much for the advice. Sorry for late reply.
This is a ROC registered company, one question on this, we are planning to raise a complaint in RoC to keep them informed about these issues incase the compnay is going close down. Will that help.
One more thing to add is we went as a group to file Complaint in Labour office, they didnt entertain that by telling we are not registered as a Union so cannot do so. Also asked us to file individually. THere was already 2 cases filed by ex employees but from company side they came for 1 hearing only. Last 2 times they didnt appear. So we are skeptical about filing the case as the same will be our fate too. With all these. absence in Labour office meeting, PF pending, Salary pending etc can we file a case in Civil Court
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
PF Pension fund contribution beyond 58 years of age.pdf