Dear All,
I am new to this forum.
I am having confusion with respect to PF and gratuity.
I was working in a Biotech organization from past 8 years. I went on for maternity leave for 3months and after which I asked for 3 more months which my boss resisted to give. Due to this I had to resign from my position. After resigning I served the company for more than 3 months by working from home by fulfilling my responsibilities.
Now My boss is not agreeing to sign the PF papers saying that I have serve notice period of 1 month. He is insisting me to come personally to get the PF papers signed from him. I had sent the forms earlier through regional PF office. He is not ready to sign PF papers at all without me going to him personally.
Gratuity also he is holding back and not agreeing to give it off
Kindly guide how do I go about, what shall I do for getting PF and gratuity? Do I need to send the gratuity form filled to the office asking for gratuity.
I am really confused.
Please guide me
Thanks and regards
Geetha
From India, Bengaluru
I am new to this forum.
I am having confusion with respect to PF and gratuity.
I was working in a Biotech organization from past 8 years. I went on for maternity leave for 3months and after which I asked for 3 more months which my boss resisted to give. Due to this I had to resign from my position. After resigning I served the company for more than 3 months by working from home by fulfilling my responsibilities.
Now My boss is not agreeing to sign the PF papers saying that I have serve notice period of 1 month. He is insisting me to come personally to get the PF papers signed from him. I had sent the forms earlier through regional PF office. He is not ready to sign PF papers at all without me going to him personally.
Gratuity also he is holding back and not agreeing to give it off
Kindly guide how do I go about, what shall I do for getting PF and gratuity? Do I need to send the gratuity form filled to the office asking for gratuity.
I am really confused.
Please guide me
Thanks and regards
Geetha
From India, Bengaluru
Hi Geetha
Any problem to meet him in person? If no then it is better to go to office and get the PF forms signed by the authorised person of the company.
For gratuity there is no any form to be filled. As part of exit formalities it should be released in part of FNF.
From India, Bangalore
639Any problem to meet him in person? If no then it is better to go to office and get the PF forms signed by the authorised person of the company.
For gratuity there is no any form to be filled. As part of exit formalities it should be released in part of FNF.
From India, Bangalore
Employed women in India are entitled to 12 weeks leave to be taken during the time immediately preceding pregnancy and immediately after.
Therefore your boss cannot refuse such leave which is authorised by law as a welfare measure.
Secondly you have completed 8 years of service and grauity is due to you.
Boss cannot refuse and if does so show him the rule and then go to labour officer of your area.Boss will then pay your rightful dues.
As far as PF is concerned visit the company and get papers signed, though recently provisions have been made that previous employer signature is no longer mandatory to get PF released.
As a matter of fact,the company cannot force you to resign.
Take proper advice and act accordingly to get your rightful dues.
From India, Pune
Therefore your boss cannot refuse such leave which is authorised by law as a welfare measure.
Secondly you have completed 8 years of service and grauity is due to you.
Boss cannot refuse and if does so show him the rule and then go to labour officer of your area.Boss will then pay your rightful dues.
As far as PF is concerned visit the company and get papers signed, though recently provisions have been made that previous employer signature is no longer mandatory to get PF released.
As a matter of fact,the company cannot force you to resign.
Take proper advice and act accordingly to get your rightful dues.
From India, Pune
Ms.Geetha,
As per the Maternity Act only 12 weeks shall be given. incase if your employer is not signing the papers then furnish the Form 13 (TRANSFER CLAIM FORM) and submit to your current employer. Else if you want to claim it then Furnish Form 19 and 10C and get a authorization from your Bank manager where you maintain your bank account or from any other gazetted officer then submit it to your EPF office... EPF authorities will accept this.
Gratuity should be paid within 30 days from the date of Exit..
write or call me for further clarifications.
From India, Madurai
As per the Maternity Act only 12 weeks shall be given. incase if your employer is not signing the papers then furnish the Form 13 (TRANSFER CLAIM FORM) and submit to your current employer. Else if you want to claim it then Furnish Form 19 and 10C and get a authorization from your Bank manager where you maintain your bank account or from any other gazetted officer then submit it to your EPF office... EPF authorities will accept this.
Gratuity should be paid within 30 days from the date of Exit..
write or call me for further clarifications.
From India, Madurai
Dear All
Thanks a lot for the reply.
Our MD is unhappy with the fact the I have taken 3-months salary during materinity leave and left the company after that. Hence he want me to come personally to me so that he can insult and harass me. I have all mail communication in which he tells that I have come personally to get the signature done. Earlier he was telling that he will sign only if I serve the notice period. My 1.5 month salary is also not given and I have informed him to keep the salary as compensate to notice period (which is as per company rule).
Now that I have told him that I will go labour court, he has sent me termination letter after 8 months of me submitting resignation stating that as I have not served the notice period, I have been terminated.
I don't want to go him for getting signature, as he will harass me and insult me in different ways.
I have not received gratutiy or PF from the company. Even I had submitted PF forms without signature of employer and PF office has sent back to company for signature but then also he is not signing.
As I am not working currently and I am continuing my studies, I cannot claim for transfer of PF. I don't have sufficient funds to fight in labour court.
Kindly guide what to do.
From India, Bengaluru
Thanks a lot for the reply.
Our MD is unhappy with the fact the I have taken 3-months salary during materinity leave and left the company after that. Hence he want me to come personally to me so that he can insult and harass me. I have all mail communication in which he tells that I have come personally to get the signature done. Earlier he was telling that he will sign only if I serve the notice period. My 1.5 month salary is also not given and I have informed him to keep the salary as compensate to notice period (which is as per company rule).
Now that I have told him that I will go labour court, he has sent me termination letter after 8 months of me submitting resignation stating that as I have not served the notice period, I have been terminated.
I don't want to go him for getting signature, as he will harass me and insult me in different ways.
I have not received gratutiy or PF from the company. Even I had submitted PF forms without signature of employer and PF office has sent back to company for signature but then also he is not signing.
As I am not working currently and I am continuing my studies, I cannot claim for transfer of PF. I don't have sufficient funds to fight in labour court.
Kindly guide what to do.
From India, Bengaluru
To claim your PF you can even approach the PF enforcement officer or the PF commissioner of your region. As already you received your termination letter it is the compliance of the company to release your gratuity with in 30 days from your termination letter. No need to go to labour court. Even if you approach tthe labour inspector of the particular region he will get it settled
From India, Bangalore
From India, Bangalore
There is no need to spend any money on action to be taken by you to claim your dues. All relevant forms are available ONLINE which should be downloaded and printed. Filledin & signed forms should be sent by RPAD to your erstwhile boss under due acknowledgement "mentioning clearly 'without prejudice to your right to claim dues and compensation as per law' and follow it up if not received back within 15 days. Thereafter you should meet the concerned Labour office nearest to you and submit your pleas. If you wish/possible issue a legal notice challenging refusal of extension of your ML, non-payment salary, and the very termination itself. Also you can claim back wages for all these 8 months on the plea that the termination is illegal. You should not mind spending essential fees/exp. which would get met once you get all these dues. It's necessary to engage an eminent advocate without further delay and It's worth spending.
From India, Bangalore
From India, Bangalore
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