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Salary not given after giving proper resignation Salary not given after giving proper resignation

4 months ago

My name is Libin. I was working in a govt organisation in delhi under contract from a third party company based out of vizag. All formalities like interview and attendance everything is done by a team leader assigned by the company at this govt organisation. I gave my resignation to this team leader through proper medium and lef tthe job as i got a job in dubai. Now the comapny hasnt paid me the last 10 days worth of salary and not even PF from day one. Kindly let me know what can be done for the same. Its been more than 5 months now and I have mailed the company multiple times.

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
On cessation of employment on the ground of resignation other than disciplinary action for proven misconduct, an employer cannot withhold the employee's F & F settlement dues including the processing of refund/withdrawal application of the PF account. So, in the prevailing situation, if you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947. then, serving a legal notice to your employer/company, file an application u/s.33C(2) of the Industrial Dispute Act before the concerned Labour Court directly claiming the entire dues receivable from the company, Or else an employee who belongs to the manager/supervisory category, then he has to pursue a civil suit before a Civil Court for redressal of his grievance. As regards withdrawal from the EPF Account, you can file a complaint using the EPF i-Grievance Management System (www. https://epfigms.gov.in/). If you are now abroad, you need to hire the service of an Advocate or other professional to look after your disputes with the concerned authority.
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