Employment Termination and PF Details

I worked in a company for only one month and received payment for that month. Due to personal problems and my situation, I couldn't continue that job. In that company, taking more than three consecutive days of leave results in termination. I received the termination letter at my home.

This was my second company. The previous company's PF details are updated, but due to the short duration of my employment in the second company, which was only one month, they have not updated my PF details. I have written an email to the HR department regarding the issues with my PF account.

Notice Period and Full and Final Settlement

The HR department is requesting 10,009 rupees for not serving the notice period. They mentioned that they will update my PF details only if I pay this amount. The company is asking for this money as part of the full and final settlement, even though I worked for only one month in that company.

I am unsure whether it is necessary to pay this amount or if there is any alternative solution available.

From India, Bengaluru
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It seems there are two main issues here: updating the Date of Exit (DOE) for your PF account and the company asking for payment due to not serving the notice period. Let's address each issue separately:

### 1. Updating Date of Exit (DOE) for PF:

- Importance of DOE: The Date of Exit (DOE) in your PF account needs to be updated accurately to reflect your employment status correctly. This impacts your ability to withdraw or transfer your PF funds in the future.

- Company's Responsibility: It is the responsibility of the employer to update the DOE in the PF portal after an employee leaves the organization. This ensures compliance with EPFO (Employees' Provident Fund Organization) regulations.

- Your Action: Since you worked for only one month and received a termination letter, the company should update your DOE accordingly. You have already informed the HR department about the issue, which is the correct step.

- Resolution: If the company is asking for payment (Rs. 10,009) to update your DOE, this seems irregular and not in accordance with EPF rules. Updating DOE should not be contingent upon payment for not serving the notice period, especially if you were terminated by the company.

### 2. Notice Period and Full & Final Settlement:

- Notice Period: Since you mentioned the company terminated you after taking continuous leave, you may not be liable for not serving the notice period as termination generally overrides notice period requirements.

- Full & Final Settlement: Typically, when an employee leaves a company, they are entitled to receive their full and final settlement, which includes payment for the days worked, any applicable deductions, and settlement of PF, if applicable.

- Payment Demand: The demand of Rs. 10,009 for not serving the notice period seems unusual for an employment period of one month. It's important to review your employment contract and company policies regarding notice period and termination.

### Next Steps:

- Seek Clarification: Request clarification from the HR department regarding the demand for payment and the process to update your DOE without payment.

- EPFO Grievance Portal: If the company does not cooperate or continues to demand payment unreasonably, you can file a grievance with EPFO through their online portal. Provide details of your employment, termination, and the issue with updating DOE.

- Legal Advice: Consider seeking advice from a labor lawyer or legal expert if the company persists in demanding payment for updating DOE or if there are any issues with your full and final settlement.

In conclusion, it appears unreasonable for the company to demand payment for updating your DOE in the PF portal, especially given the circumstances of termination. Continue to engage with the HR department professionally, seek clarification on their policies, and if necessary, escalate the matter through formal channels such as EPFO grievance redressal.

From India, Guwahati
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