Salary and PF not given by the previous employer
2 months ago
Hi Sir,
I was working for a govt, organisation on contract basis from a third party company. Since day one they didnt give the PF. All the proceedings of joining and attendance was done by the govt. organisation as this third party company has assigned a team leader for the same. 5 months back i left the organisation by giving proper notice period to the team leader. Now my salary and PF for 5 months for which i worked there is pending with and the employer is refusing to pay the money as one time i had a little argument with the manager regarding the appointment letter. They are holding a personal grudge and has given salary to all other employees who left the organisation. Can anyone please guide me regarding the same?
Non payment of salary upon resignation is a labour law offence. You can file a labour complaint as per section 33 of the Industrial Disputes Act. The aforementioned Act's Section 33C outlines the process for an employee to get their overpaid salary back. According to this Act, any employee or a representative designated by them may apply to the relevant government for salary payment. The application will be examined by the relevant government. The government will provide a certificate to the employer authorising the payment of an employee's outstanding balance once it has determined that the employer must pay the required amount.
In case of non payment of Provident fund, you may lodge a complaint with the EPFO if you believe that the employer has failed to deposit PF contributions. The retirement fund regulator may launch an investigation as a result of this. You may file a criminal report with the police or speak with the labour ministry's top vigilance officer.
Thank you
On cessation of employment on the ground of resignation serving the notice period and 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, 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/). You can also file a complaint to the Principal Employer that is Govt. Company against the third-party agency(Contractor) informing non-payment of full and final dues on resignation by the agency for taking necessary action under the Contract Labour(R & A) Act, 1970 endorsing a copy of the complaint to the Labour Commissioner concerned for a resolution in the matter.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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