Dear Mr. Ravi, I have a general question that is faced by every employee who resigns from their service.
Issue with EPF and Final Settlement
Employers deduct EPF from the salary. However, after resignation, the final clearance is not given by the HODs, possibly as an act of revenge. Additionally, the final settlement is also withheld by HR due to the lack of clearance. It is widely known that the clearance is not provided by the HOD based on personal vendettas. When employees approach HR for EPF clearance after 60 days, they refuse to sign EPF claim forms due to the absence of HODs' clearance and also withhold the final settlement.
Legal Concerns and HR's Role
Is the attitude of HR legal, or are they playing games with the employees' settlement of dues and PF claims? Is there another legal body to approach for the final settlement? Is HR justified in their actions by refusing to provide the final settlement and withholding EPF claims by not signing them?
If I submit an EPF claim form with the signature of other authorized persons and submit the same to the EPF office, they forward the claim form to the concerned employer for the required signature. After receiving the claim forms, HR personnel retain them in their office without returning them to the EPF office.
Seeking Legal Advice
How can I proceed legally in this case study? I seek a detailed clarification and, being an HR professional, I am eager to learn how to move forward.
I would be grateful if you could send your suggestions to my email id [Email Removed For Privacy Reasons] and also to citehr for follow-up by other individuals.
Thank you,
K.C. Seshadri Trivellore