Problem with the employer

Hi Friends,

I am writing this on behalf of my father, as I at the starting phase of my career am aware of any of the HR policies. Hope you guys will help me!!

To start with,

My father is working in a private firm from the past 16 years, it is a poultry organization with around 2 hundred employees.

Right from the beginning my father did not have any pay slips or any other provisions from the employer.

Now due to some problems at the farm the management is trying to move my father away from the place. So he decided to resign the Job.

As far as my knowledge goes my father has no PF accounts or any other benefits. Now the questions are:

1. Is my father eligible to get the benefits after resigning? current salary 8500

2. In case of yes, will he be able to proceed legally in case the employer denies to give what he rightfully has to get? If yes how to proceed?

3. Is PF a must that the employee should provide?


Please let me know the details.....

Dear

As per your query your father do not have any proof of service, then how law will help you.Your father should not give resign at his own accord. He should approach the employer and try to settle out full & final dues. He used to take his salary without any papers & now in the same manner he can take his final settlement amount from the employer. In the absence of the above he have to fight his case on oral evidence. He may or may not win the case.

Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

Thank you sir!

As a proof of service my father can provide his joining latter, which i have asked him to collect from the office and he did it today. Joining date 1 nov 1994.

And we were provide with staff houses, the telephone bills come on my fathers name with and the farm address, in which our houses are situated...

We have this connection for almost 9 years now, and also my father is well
know among the local people and he has there support.

Will these be valid proofs.

Can you also please let me know any other proofs that may have to submit?

Once again thank you very much for the support you are providing sir!!

Forgot to mention sir,

I advised my father to settle the matters with mutual talks first. If not then we will try to proceed legally....

Do we have a chance to proceed legally?
As I still have a doubt in my mind if PF is a compulsion or depends on the employer....

dear
these proofs are sufficient to establish your claim for employment.management is giving transfer .is they have policy of transfer in their standing orders.what is the area where he can be transfered.all these policies are established.you try to take stay on tranfer by showing it illegal as there is no provision in their standing orders.
PF supposed to pay by firm but now it will not matter much.if PF is not payed it does not mean that he is not employee of company.
tks
j s malik

Dear Friend,

1. You need to know what are the dues your father is eligible. Because of 16 yrs service he is eligible for gratuity. Talk to HR to know the benefits. If HR is not co-operating, indicate indirectly that you may pursue legal option. If personal discussion is not helping, send one letter requesting to settle the issue. If there is no response / insufficient response, they you have to take legal action.

2. Being a company with 200 employees, definitely they should have covered by PF. Again take HR help first to get the PF account no. and then for processing of PF claim. If the company is not forwarding the PF claim, you can forward through other designated persons. But if there is no PF contribution from employeer and employee, you can't do much.

Try for an amicable solution before thinking for legal action.

Bhavan

i totally agree with bhavan, try to solve the issue orally, speak to HR and try to gain all the required information and if this also does not help then you can take legal action .

But Legal action should be the last option....

Thank you Mr. Malik.

Thank you Bhavan.