Hi All,
I worked in a Pvt. Ltd. company for 1.8 years. As my boss, who also oversees the HR department, came to know that I am having an affair with my colleague (we only used to chat in the office in free time), he talked to me and said to discontinue and also terminated the girl by just sending her a message "Stop your services." After giving my resignation letter, he assured me that he would deliver my payment and PF as soon as possible. After 3 days, he sent me a letter mentioning that because you supported another employee in leaving the company and for romantic engagement. He also mentioned that due to that there was a loss to the company. I was also doing some freelancing work for a company, and he claimed that I was working illegally for another company, but I have not signed any agreement, and the company also doesn't have any such policy as the company's payment is minimal and also doesn't provide incentives/bonuses. Because of these reasons, he declines to pay my Salary for the last month and PF for the past 1 year. I also want to mention that as our company has only 12 employees, our company is not eligible for EPF as per their rules; hence the company has not provided us with PF no. but is deducting PF from our salary. He has also provided a Salary Revision Letter in which he has mentioned about PF. I am negotiating with him, but he is asking me to incur his losses and ready to pay 1/3 of the amount.
Can you please help me how to negotiate with him, ask for more as I have done nothing illegal and never tried to incur loss to the company.
From India, Sangamner
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I worked in a Pvt. Ltd. company for 1.8 years. As my boss, who also oversees the HR department, came to know that I am having an affair with my colleague (we only used to chat in the office in free time), he talked to me and said to discontinue and also terminated the girl by just sending her a message "Stop your services." After giving my resignation letter, he assured me that he would deliver my payment and PF as soon as possible. After 3 days, he sent me a letter mentioning that because you supported another employee in leaving the company and for romantic engagement. He also mentioned that due to that there was a loss to the company. I was also doing some freelancing work for a company, and he claimed that I was working illegally for another company, but I have not signed any agreement, and the company also doesn't have any such policy as the company's payment is minimal and also doesn't provide incentives/bonuses. Because of these reasons, he declines to pay my Salary for the last month and PF for the past 1 year. I also want to mention that as our company has only 12 employees, our company is not eligible for EPF as per their rules; hence the company has not provided us with PF no. but is deducting PF from our salary. He has also provided a Salary Revision Letter in which he has mentioned about PF. I am negotiating with him, but he is asking me to incur his losses and ready to pay 1/3 of the amount.
Can you please help me how to negotiate with him, ask for more as I have done nothing illegal and never tried to incur loss to the company.
From India, Sangamner
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Dear [Employee's Name],
I would like to advise you on behalf of your description that there is a P.F. deduction in your salary revision letter. For this evidence, you can approach the labor office. Regarding your full and final settlement, the manager cannot deduct any amount without the conformity of the State Government as per the notification in the Official Gazette.
Also, it is important to note that they are required to settle your full and final within 30 days.
Thank you.
From India, Coimbatore
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17I would like to advise you on behalf of your description that there is a P.F. deduction in your salary revision letter. For this evidence, you can approach the labor office. Regarding your full and final settlement, the manager cannot deduct any amount without the conformity of the State Government as per the notification in the Official Gazette.
Also, it is important to note that they are required to settle your full and final within 30 days.
Thank you.
From India, Coimbatore
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Also, I want to ask that I had given my Resignation Letter, which was duly accepted, but my Employer is not providing me with an Experience Certificate. Should I emphasize this point in front of the Labor Officer? The company has given me a Relieving Letter, which I have attached, but it is denying to give me my Experience Certificate.
How should I obtain the Experience Certificate from them?
From India, Sangamner
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How should I obtain the Experience Certificate from them?
From India, Sangamner
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Dear Zeondunst,
As you mentioned that your company is not covered under the EPF & MP Act, 1952, and yet was deducting EPF amount from your salary, with the salary slip as evidence clearly showing this, I would suggest that you write a complaint letter to the EPF Office in your area regarding the issue. Simultaneously, you may lodge an FIR against your company, as deducting EPF amount from your salary and not depositing it into your account is a criminal offense (420 case under IPC) since no one can do business with your money. Regarding the salary of the last month, you may seek assistance from the Labor Office.
Thanks & Regards,
Jawed Alam
From India, Dhanbad
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As you mentioned that your company is not covered under the EPF & MP Act, 1952, and yet was deducting EPF amount from your salary, with the salary slip as evidence clearly showing this, I would suggest that you write a complaint letter to the EPF Office in your area regarding the issue. Simultaneously, you may lodge an FIR against your company, as deducting EPF amount from your salary and not depositing it into your account is a criminal offense (420 case under IPC) since no one can do business with your money. Regarding the salary of the last month, you may seek assistance from the Labor Office.
Thanks & Regards,
Jawed Alam
From India, Dhanbad
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Your relieving letter already has the dates of your working, So it act as an experience letter too. You can not get anything more from them.
From India, Mumbai
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From India, Mumbai
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Hi team,
I am in a very big problem. I was with American Express and resigned from there on 11/05/2016. I received my salary on 25/05/2016, and on 24/05/2016, which I thought was my full and final payment from the company.
Today, I called my company to request my relieving letter as I needed to join another company. The payroll team informed me that the amount sent on 24/06/2016 was mistakenly transferred to me. They are asking for the return of 50000 rps before issuing my relieving letter.
The issue is that I was not aware of this error, and they never reached out to inform me or my bank about it. I am unable to pay this substantial amount. What should I do? Please help. I am feeling depressed because of this situation.
From India, New Delhi
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I am in a very big problem. I was with American Express and resigned from there on 11/05/2016. I received my salary on 25/05/2016, and on 24/05/2016, which I thought was my full and final payment from the company.
Today, I called my company to request my relieving letter as I needed to join another company. The payroll team informed me that the amount sent on 24/06/2016 was mistakenly transferred to me. They are asking for the return of 50000 rps before issuing my relieving letter.
The issue is that I was not aware of this error, and they never reached out to inform me or my bank about it. I am unable to pay this substantial amount. What should I do? Please help. I am feeling depressed because of this situation.
From India, New Delhi
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I suppose they have given you a full and final settlement letter. Check with your HR team that it will suffice as the relieving letter. If not, then paying them back the 50,000 is the only option. I am surprised you did not bother to check why they have given you Rs 50,000 extra?
From India, Mumbai
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From India, Mumbai
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Employer-PF-res trict to wages of Rs 6500.pdf
Employee Experience.doc