Dear Seniors,
1) My Brother was working in a Private Ltd company for around 8 Months. Due Low Salary and Bonus issue, he left the job without proper notification. He don't know his PF number. In this situation what he has to do to claim his PF amount. Kindly advice me the procedure to claim his amount. If company delays to pay PF amount, What are the legal things to do from Employee side to recover the PF amount.
2) From the above case, If employee left the job without Resign letter, what are the procedure should HR Manager has to make to give his/her PF amount.
3) A Employee left the job with proper resignation letter before 10 days and left the job. Even after giving Resignation letter The Management has holed his/her one month salary. what are the legal action can be taken against the management for holding one month salary?
4) I would like to know the Employee rights, if they face any issues regarding Salary delay, PF holding, Delayed Gratuity, Other payment and benefits.

From India, Chennai
Sivarasu J
Executive Hr & Admin
Management Consultancy
+2 Others

Too many complex questions in one post?
From India, Mumbai
Sir/Madam Plz reply me for the above queries. Thanks,
From India, Chennai
Dear Ranjeetha.MP,
Any employee cannot be denied of PF claim, even if he has quit or was asked to quit.
But if the employee's appointment letter has notice period clause and that is violated he cannot claim the salary without serving such notice period.
Beyond the notice period employer cannot delay Salary,hold salary,delay PF,Gratuity etc.
Employee can approach labour department.

From India, Hyderabad

Dear, 1. First of all try to ascertain the employment status, has he been terminated? In case terminated, seek F&F settlement. Give application to the HR Department to that effect with copy to local Labour Officer, Union etc. In case not terminated, you may wait or send in your resignation letter and seek F&F settlement. To get help regarding PF, approach the local PF Office
with your employment papers, salary slip etc and try to obtain information informally on your accumulated contribution.
2. The HR manager has no role in releasing your PF. Nowadays with online management of PF you will be able to manage with the help of RPFC staff. But you may not be able to get hold of the money but could get it transferred to the new organisation.
3. Pl see the applicable notice period, Management has right to retain the notice period payment even if resignation letter is submitted.
4. Payment of Wages Act 1936 applies and corrective action including penalty is provided for. The local Labour Inspector can help in recovering wages etc.

From India, Mumbai
Thanks for your reply.
1) My Brother didn't get Appointment Order/Confirmation Letter during his interview. In this situation what he has to do to claim his PF amount. He does not having his salary slip as well.
2) Like wise, I have completed MBA (HR). At present I am working as "HR Asst" in a Private Limited concern. During my interview time, I didn't get Appointment order / Confirmation Letter and also I didn't get Salary Slip also.
3)Plz tell me about "Rights Of Employees"

From India, Chennai

Dear Ranjeetha, Difficult to believe that organisations still exist that have no appointment letter/confirmation letter, salary slip etc, too cinematic ????. Is it a family concern? I 've serious doubt whether PF would have been complied.
The various labour laws have conferred rights on employees like PF & ESI Act gives coverage from day 1, ID Act secures employment after 240 days of service, Trade Union Act provides right to organise etc, Payment of Wages Act & Min. Wages Act secures timely payment of full wages, Payment of Bonus Act gives bonus etc. You being MBA-HR would know the details thereof.
In this situation I cannot of think of any alternative, other than approaching local Labour Office & PF Office explaining the situation and hope for the best.

From India, Mumbai
What ever I expressed in the above post are true.
I am working in private limited company for past 1 and half years. You may believe it or not I didn't get Appointment order / Confirmation Letter.
I don't want to mention companies name.
It's not cinematic.

From India, Chennai
Dear Ranjeetha,
I do agree with you that still most of the companies are not providing appointment letters / salary slip to employees due to one or other reason. However, as a HR, you can take the initiative to make the changes. Even though, you're not issuing appointment letter, salary transfer through bank is good enough proof for having you as employee.

From India, Ahmedabad
Thank you Manish Sir
My Brother don't know his PF number. How to get his PF number without approachingetting his existing company.
After Completing MBA(HR) I am working as "HR Assistant" for past 10 months only. So I don't have practical experience.
Kindly guide me for the above issue.

From India, Chennai

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