pvragav2000One of my friend is working as a full time lecturer in Trichy college since 15 years. He has been forced to resign by management as they have decided to send all seniors out from management. PF is not deducted on his salary since beginning and he was fighting with management and result was "Zero". Now he has to move from organization with empty hand except current month salary. Please advise to get his PF for all 15 years. Can we file a case against college management? If it is so, then which court we have to approach? He has all the proof and salary is thru bank account only. Please advise. With regards, Vijayaragavan
From United States
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Sending faculties out has become a normal issue nowadays, especially in Trichy. Please ask your friend whether PF was deducted from his salary for the said period or not? And If has been deducted PF, he might've got his Annual PF Slip (Form 23). And he can check his contribution in the employee portal or he can approach the EPFO office with his PF Account No. and inquire. If contribution is there he can claim it.
From India, Coimbatore
pvragav2000HI Arasu, PF was not deducted from his salary since his joining and he was asking management to deduct PF from his salary. But never done by management. Now suddenly he is forced to resign. So he wants to get his PF benefit even management is not deducted the same. In this case, can we file against management against no deduction of PF? Regards, Vijayaragavan
From United States
nathrao""So he wants to get his PF benefit even management is not deducted the same. ""
Answer is self evident.He has not contributed PF how can he ask for PF balance?
Secondly his pay may be more than Rs15000, so question of PF may not arise.
Your friend has to face the reality of Private sector and move on.
Fighting legal battles is no use.
Company will use their organisational funds,but employee will denude his own savings to fight a lengthy battle-with no surety of verdict in his favour.
Sad,but that is reality.I would advice move on and forget the college as a bad dream.
Any way take legal advice and then take your own wise decision,because most lawyers will tell you to fight it in courts.
From India, Pune
rtarasu123Yes Vijay definitely. Let him approach the EPFO with a written complaint. Also he has to prove his employment in the organisation for the said period either by his attendance or by his salary slip to the EPFO authority.
From India, Coimbatore
rldhingrahi pv raghav ,
mention date of joining of your friend,salary /wages at the time of joining, number of employees in the college, Establishment Code No. under EPF
If his salary was between the range of 5000/- p.m. at the time of joining , he would be eligible to be member of EPF . If employer has not enrolled him as member of PF fund ,action can be initiated against the management
Lodge a complaint before the EPF authorities in the concerned Regional Provident Fund Commissioner
RL Dhingra ,Advocate, Labour Law Consultant
From India, Delhi
tajsateeshHello Arasu/RL Dhingra,
While appreciating your well-meant suggestions to Pvragav2000, I would also wish to point-out that most of the members posting their problems/issues/situations are looking for ACTIONABLE/REALISTIC suggestions/solutions.
Both of you have been members of CiteHR since >5 yrs now.....by which I presume that you would have noticed the tendency of many members to look @ the legal option [which always exists for any & every issue/situation] AS THE FIRST OPTION. And just because the legal option exists DOESN'T MEAN that it is the MOST APPROPRIATE option for a given situation, since the options to be exercised by a member for his/her problem will have to FACTOR-IN his/her collateral situations/circumstances/situations--whether they allow him/her to go legal or not.
The objective of most CiteHR members who participate in the discussions & keep sharing/giving their suggestions, based on his/her experiences, HAS ALWAYS BEEN to give HOLISTIC SOLUTIONS to the issues raised......in today's management parlance, suggestion(s) based on a 360 deg viewpoint of the issue. And I am sure you would realize that legal recourse WOULD BE JUST ONE OF THE OPTIONS in a 360 deg view.
And there's also one more thing that we, as seniors, NEED TO KEEP IN MIND. Whatever we say/suggest/advice is most often taken @ face value & the newbies just follow them. Now in case an inappropriate [I am NOT using the word 'wrong', since there are no 'Rights' or 'Wrongs' in such situations] suggestion is given & followed that leads to unpleasant consequences, have WE, as seniors who were looked upon to guide, done justice to our collective roles? Food for thought I guess.
This surely DOESN'T mean that legal action is NOT preferred......when the situation demands AS WELL AS the other circumstances.....which are UNIQUE to every posting/case........permit, then most members who give suggestions would strongly support the legal way & there have been legal eagles in this Forum who have guided the thread initiators on how to go about the whole legal process too on various occasions.
Applying the above points/observations to the current issue/thread/problem, like Nathrao mentioned, this lecturer neither contributed to the EPF nor his Employer. Then how would HIS problem get resolved IF he approaches the EPF officials? All that would get highlighted would be that this college didn't go as per rules.
And it doesn't take an Einstein to know as to IF & WHEN this college is forced to begin contributing to the EPF....both by employee & employer.
All this lecturer would be doing is to ensure that those who join after him would benefit.....nothing wrong in this unselfish act per se. But was that the initial objective to begin with? Do you think that he would get his EPF even when the EPF Commissioner takes action on this college....in an as-is-where-is scenario? Surely not....since he hasn't made any contributions.
Maybe, hypothetically, he still can get his EPF.....provided the college makes deductions with retrospective effect for all the 15 yrs from this guy & also add the Employer contributions. Do you find this realistic/doable/actionable? And even if there's a 0.1% chance of this happening, what would the timeline be? And will he be able to spare time, money, effort doing the followups, etc?
Then WHY AT ALL suggest going to the EPF office and waste his time, which I am sure he can put to better use.
It's a different matter IF this lecturer gathers all the staff to protest & takes things TOGETHER.
Hope you get the point & no ILL-WILL MEANT.
I would agree with Nathrao. Just ask your friend to move-on in career & life....BUT LEARN FROM THIS experience.
From India, Hyderabad
nathraoWhat about the entitlement to gratuity?
that is also one aspect to be taken up by the lecturer.
From India, Pune
abhishek.das149I dont think he can claim for PF as there was deduction from his salary whatever the circumstances were. But he can ask for Gratuity . I think 15 years of continuous service makes him entitled to Gratuity.
From India, Kashipur
gopinath varahamurthiDear Friend,
You are eligible for Gratuity for every served year, and will get lumpsum grant for which you can lodge complain with authorities, before that ensure you name in the salary register...
best of luck ....
From India, Arcot