I used to work in a State Govt. undertaking company as a contractual employee . It was a two year reneable contract though it was not on any stamp paper, only an appointment letter . I left the organization 18 days prior to the expiry of the contract as they never shown any willingness to renew the contract and I looked for other secured option as usual and got it. I wanted to serve the company three month notice as it was in the appointment letter but they did not accept my appeal and instead demanding three month salary in lue of Notice .How can they demand three month salary as Notice Pay when my service was only left for 18 more days !!! . I have confirmed them in writing that I can pay only 18 days salary as I left 18 days prior to the expiry of contract but they are constantly putting up pressure on me for the payment and also holding back my PF dues for the last 10 months. They did not even reply to my letter requesting for providing me the amount lying due in my PF account. What action can be taken against this company , please suggest ....
From India, Bangalore
1From India, Bangalore
Your appointment letter and resignation letter, if any, needs to be seen before replying it correctly. Was your resignation letter duly delivered before three months of leaving the job?
I suggest you that do not pay anything to company now.
They can not hold your PF. However, since your application for withdrawal of PF in Form-13 needs to be forwarded by your employer, your company may delay the same. In such case you can send your PF withdrawal application directly to local PF office with a complain letter that your company is not submitting your PF application form. Send a copy of the letter to your employer also through registered post.Your employer will ultimately be forced to pay your PF amount with penal interest.
I suggest you that do not pay anything to company now.
They can not hold your PF. However, since your application for withdrawal of PF in Form-13 needs to be forwarded by your employer, your company may delay the same. In such case you can send your PF withdrawal application directly to local PF office with a complain letter that your company is not submitting your PF application form. Send a copy of the letter to your employer also through registered post.Your employer will ultimately be forced to pay your PF amount with penal interest.
Dear friend,
Your PF never going to be fund of your employer. Once the PF contribution is collected and added with employer contribution it should be remitted to the PFO without delay. For any delay they are answerable and should pay the interest accrued too. Your fault is why you went for resignation 18 days ahead of the expiry of contract period, your assumption that they will not extend further how it nullify their inaction. You erred, a breach of contract. I think you absented for this 18 days am I correct. Notwithstanding, no one can do anything with your PF. File your Form 13 and send a copy to PFO and follow up, you'll sure to get it right.
kumar.s.
From India, Bangalore
Your PF never going to be fund of your employer. Once the PF contribution is collected and added with employer contribution it should be remitted to the PFO without delay. For any delay they are answerable and should pay the interest accrued too. Your fault is why you went for resignation 18 days ahead of the expiry of contract period, your assumption that they will not extend further how it nullify their inaction. You erred, a breach of contract. I think you absented for this 18 days am I correct. Notwithstanding, no one can do anything with your PF. File your Form 13 and send a copy to PFO and follow up, you'll sure to get it right.
kumar.s.
From India, Bangalore
A fixed term employment needs a notice period for termination only if it is being terminated early. If you are completing your contract period, no notice period is required. You could have delayed the resignation by 18 days actually and no resignation would also be necessary.
Further, you have offered to do the notice period, they have refused to accept it, so no notice period is required. It is waived by their action.
I assume your new employer has pf. In that case, the pf account needs to be transferred from the old to the new company. That does not need approval or signature of anyone. You just have to fill the form, get your new employer sign and submit for transfer. Your previous employer can't do anything about it
From India, Mumbai
Further, you have offered to do the notice period, they have refused to accept it, so no notice period is required. It is waived by their action.
I assume your new employer has pf. In that case, the pf account needs to be transferred from the old to the new company. That does not need approval or signature of anyone. You just have to fill the form, get your new employer sign and submit for transfer. Your previous employer can't do anything about it
From India, Mumbai
Dear Member
I totally agree with Saswata. As the contract is ending the maximum liability you may have is of only 18 days and nothing more.
As for PF , it is best if you get it transferred to your new employer's account and in that case your past employer can do nothing.
Regards
Preetam Deshpande
From India, Mumbai
I totally agree with Saswata. As the contract is ending the maximum liability you may have is of only 18 days and nothing more.
As for PF , it is best if you get it transferred to your new employer's account and in that case your past employer can do nothing.
Regards
Preetam Deshpande
From India, Mumbai
Dear Sir,
with reference to your query, the employer cannot with hold PF contribution from your salary.It should be remitted with the department. you can submit form 13 at the EPFO office and proceed further. Our friends suggestions are also correct in that opinion.
Thanks & Regards
V R RAO PULIPAKA
9248002899
From India, Chennai
with reference to your query, the employer cannot with hold PF contribution from your salary.It should be remitted with the department. you can submit form 13 at the EPFO office and proceed further. Our friends suggestions are also correct in that opinion.
Thanks & Regards
V R RAO PULIPAKA
9248002899
From India, Chennai
Dear Members ,.
Many thanks for your valuable suggestions . In fact the company wanted to transfer me to other location but
due to my family conditions I was not in a position to relocate immediately . I requested them in writing to allow me some time but they refused , then I had no other option but to put up my papers .According to the clause I wanted to serve the Notice Period and requested them in writing but they never granted it instead asking for Three Month Notice pay .In fact I had 12 Days Earned leave also with the company , instead in good faith I told them to pay for 18 Service days but they are illegally pressurizing for three month Notice Pay whereas they refused me when I asked to serve the Notice Period of 3 Months .
My resignation was submitted in the company and the same is docketed in the Mail Register of the company and in a reply to that company said "they are in receipt of my resignation but can accept it only if the payment is made to them .."
From India, Bangalore
Many thanks for your valuable suggestions . In fact the company wanted to transfer me to other location but
due to my family conditions I was not in a position to relocate immediately . I requested them in writing to allow me some time but they refused , then I had no other option but to put up my papers .According to the clause I wanted to serve the Notice Period and requested them in writing but they never granted it instead asking for Three Month Notice pay .In fact I had 12 Days Earned leave also with the company , instead in good faith I told them to pay for 18 Service days but they are illegally pressurizing for three month Notice Pay whereas they refused me when I asked to serve the Notice Period of 3 Months .
My resignation was submitted in the company and the same is docketed in the Mail Register of the company and in a reply to that company said "they are in receipt of my resignation but can accept it only if the payment is made to them .."
From India, Bangalore
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Company Letter for Completion 01 Month Notice.docx
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