Harsh Kumar Mehta
Consultant In Labour Laws/hr
Rajesh Kumar Dubey
Manager - Hr
Yashas78601
Accounts Assitant
+2 Others

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Hello All,
I am working in a PVT company from past 7months & receiving the pay on CTC basis. They are deducting the my PF & ESI amount every month & from past one week they are asking me to proved a details to register my name in ESI & I found that my PF account balance is only Rs.377.00 & last updated is on 31.03.2016 . I don't know what they have done my PF & ESI deducted money from past month.
If i ask him means its our management rules why do you want as these things your getting the what your expected salary. You can sue in the court.
Now my question is: -
1. What is the legal procedure to over come from this company??
2. Should i request to reimbursement of deducted money???
3. How to know the company is registered in PF & ESI???
Kindly Replay me soon as much as possible.
Regards
Yashas.D
Mail id : d.yashas@ymail.com
yashas.3364@gmail.com
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1. Sir, as per provisions of ESI Act, 1948 and rules/regulations framed thereunder an employee is issued an Identity Card. Please confirm whether you have been provided such Identity Card alongwith ESIC Family Identity Card by your employer/said department.
2. You can keep copies of your Pay Slips for past months in which your deductions under EPF & ESI laws are shown as deducted and on that basis you can visit the nearest offices of said departments to confirm whether the amounts so deducted as contribution from your wages have actually been paid by your employer in relevant accounts or not ? If not, you can file a complaint with concerned department.
3. I understand that there cannot be any so called "management rules" in violations of any labour laws including above Acts.
You can contact to your HR department regarding this queries. Clearly tell them and ask a question regarding this & they have to answer about your queries. You can also demand for Temporary I card (TIC) in which date of Joining is mention (As per the ESIC Act) so you can get idea from which month your deduction started. Also you can ask For UAN Number. you have to start communicate with HR department & demand for your rights. they will be in trouble if they are not following Labour laws.
Dear Yashas,
Before taking any legal route or any quick decisions; I would request you to follow the below things
1. Check your payslips whether your PF & ESI amounts are being deducted on monthly basis ? If yes, from when ? Your PF no will be mentioned on your payslips...
2. Check your Offer Letter / Appointment Letter - is there any point mentioning that PF & ESI will be given upon completion of your probation period ?
3. Approach your HR personnel and ask them about your queries, I hope they will explain you in detail. Every employee has a right to get the details about all the deductions. So, speak to them.
If at all you do not get any information then you can think or plan for legal process.
Regards
Ramu Kakitha
Dear Yash,
As suggested by other contributors and their advice,
pls think and go ahead as suggested by HR SGS. Here you will get different type of opinions in favor and may be provocation against your employer.
Pls check all the details either in ESI / TIC and EPFO - UAN . The date of joining mentioned will confirm you about contribution deducted and deposited. In any case if u find that Contribution are less deposited or date of joining are different , ask your HR person in polite way if not deposited and be prepare to switch / change the company if deducted amount are not reimbursed as per your CTC.
Many times few employers take the coverage after six month or completion of probation period which are wrong but if all the discussion are in your favour means reimbursed , go ahead and enjoy your service.
Thanks
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