saswatabanerjeeIf the employee refuses to sign the joining form, it is to be assumed that he has not joined the company.
You should remove him immediately.
If he has not signed the contract of employment, then what relation does he have with the company?
From India, Mumbai
Exactly my point. What if in this case employer by mistake shows that employee as joined and creates a PF account which reflects in his service history and despite multiple demands, doesn't gives a clarification letter to the employee (well, not really employee as he didn't join), stating that he has not joined and the PF account was created by mistake.
Pf member id once created cannot be deleted and most companies are doing background verification using UAN service history for new employees these days.
Can any act of law, help the person in this case by demanding joining form signed by employee from employer and if employer fails to produce that, mandates employer to give a clarification letter to employee.
Employer is agreeing to the mistake on phone but not willing to rectify this issue as this is case of multiple lapses in compliances
From India, Kolkata
saswatabanerjeeThere is no law that you can take shelter of.
If it is a mistake, you can log into the PF account on the portal and make the corrections on your own account. I believe you can mark your own exit dates if the employer fails to do so. Please note that I have not seen the PF Portal as I am not covered under PF myself, so you will need to check out the options.
If the employer has a mistake in his, you can ask him to correct the leaving dates. If he does not do that, and you think it will actually have a problem, you can take legal action by sending a notice. but remember that it is a very expensive route to follow and if the matter goes to a court, it will be years before you get a judgement.
The final option is to go to the PF department and take their help. Mostly they are helpful and often a call from the PF inspector is enough to induce the company to take corrective action.
From India, Mumbai
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