Facing Employer Harassment: How to Handle Missing Relieving Letter and PF Issues?

Hi, I work for a Gurugram company. I've been made to resign as I was forced to transfer and work for a payment less than the current. Now I've submitted my resignation. After a long follow-up and numerous calls, they have finally processed my Full and Final (F&F) settlement, but they are refusing to provide me with the relieving letter. They are also unresponsive to my emails and have not initiated the processing of my Provident Fund (PF). According to my employer, my PF number has not been generated, but for the past year, they have been deducting my PF contributions. The financial year 2010 has ended, so they should have already submitted all PF details. However, they are not answering my calls or replying to my emails. Please advise on what steps to take next.

Steps to Obtain Your PF and Relieving Certificate

To obtain your PF, you may seek assistance from the Enforcement Officer or the Assistant PF Commissioner of the Employees' Provident Fund Organisation in your area. By making a formal representation, they can facilitate the process. Once an establishment is assigned a code number, it becomes responsible for issuing account numbers to its employees. Therefore, the employer's claim that the number is pending is unfounded.

Securing a relieving certificate from stubborn employers can be challenging without external support. Consider enlisting the help of a trusted individual to engage with the HR or employer to obtain the relieving order. In such instances, it is advisable to acquire the relieving letter first before proceeding with your PF claim.

Regards,
Madhu.T.K

Dear Madhu, cool... don't worry, time will solve your problem. Take legal advice and approach the court of law. You have the right to file a case against your employer. Be bold and all the best.

Regards,
Vasuu.

Hi,

First, organize all the details you received from your company, such as:
1. Salary Sheet
2. Bank Statement
3. Offer Letter
4. Appointment Letter
5. Increment Letter (if received)

EPF Account Number and Passbook

As per the EPF conditions, after three months of contribution to the EPF, the EPF department issues an Account Number. After one accounting year, they issue a Passbook.

Don't be scared; go to the particular company and meet with the HR department. Show them your documents and also inform them that if they do not provide the account number, you will go to the PF Commissioner's office. Before visiting the company, send the above documents' xerox copies by registered post with a cover letter detailing all the documents issued and request the same from the company.

Okay, if you need assistance, please call me, and I will provide further suggestions. Bye.

I would seek legal counseling and then approach the company, giving them the chance to cooperate before going to court. In my experience, they will agree to your terms when they see that you are serious about going to court. Good luck!

Dear Madhu Sir and Vikas Sir, thank you for your kind advice. The irony of the situation is that the VP of HR herself is involved in these actions, directing her team to support her. I have also received an increment letter. However, I am currently in Pune due to a family issue and unable to come there. Additionally, my leave record has not been maintained properly; it is filled with penciled entries without any justification. Furthermore, every time they send the F&F sheet, my date of joining is different. I have all the necessary proof to substantiate my claims.

Please advise.

Addressing HR Management Issues

These issues are all due to poor HR management in your office. It is high time that your establishment faces consequences unless your HR department wakes up and becomes more proactive. We feel helpless when HR is rude. Therefore, consider seeking assistance from individuals whose authority is unquestionable and follow the advice provided by me and others.

Regards,
Madhu.T.K

Vikash1017 is spot on. All you need is a registered letter sent to HR. Most HR departments will ensure a response. I would suggest one small change: you need not send any other documents with the letter. Please verify that the issued documents are duly signed by the relevant individuals (e.g., offer and increment letters by HR, resignation notice by your immediate boss, etc.) before sending this letter.

Advice on Handling HR Issues

A sincere piece of advice from my side: kindly mention the name of the company (for the benefit of all our HR colleagues) and the name of the HR personnel as well so that we all know who's the one spoiling the image of HR. After all, one of the purposes of this site is to discuss, seek help, and find ways to develop and improve HR.

Coming back to your issue, kindly check if somebody else who joined your company after you has been assigned a PF number. If so, then, my dear, your company has been deceiving you. Lodge a complaint immediately through a lawyer. Note your establishment code, bring your employment letter, monthly salary slips (with bank statements for the relevant period when your company paid your salary), and all other official documents issued to you by your company when you file the complaint. If leave records have not been properly maintained, it's the company's problem, and you need not worry as long as you have proof of the salary paid by the company.

As rightly suggested by one of the experts, send your complaint letter through Reg. A.D., with self-attested photocopies of all the documents you received from your company, including different F&F letters, and ask for explanations for the discrepancies. Politely request them to process your PF immediately and inform them of your intention to approach legal authorities if any further delays occur.

If you do not receive a reply within 15 days, send a second letter in the same manner. This will serve as proof that you have given sufficient time to your employer and resorted to legal action only after exhausting all other available resources.

I believe this guidance will assist you.

Good Luck,
Cheers

Kindly do NOT post the name of the organization here as it can very well have legal ramifications, with the company finding a reason to delay F & F. It is best in such cases to keep communication professional from your end and between yourself and the organization.

Regards.

Dear Mr. Madhu,

We see such cases regularly on CiteHR. This is a small piece of advice for all employees. No doubt, there are a lot of organizations that are not indulging in fair practices. One bad apple can spoil the name of the entire HR community! Right from day one of joining, ensure that all the documents pertaining to your job/career, etc., are in place and updated. This will always help you in times of trouble such as this. Please remember that it is only human beings who are in organizations. The personal attributes and attitudes of such people, who do not really bother about others' problems, cause distress to employees. In your own interest, keep your documents updated. Let this be an eye-opener for others who are working in smaller/unorganized/unprofessional organizations with no ethics or morality.

Best wishes,
NK Sundaram
[Phone Number Removed For Privacy Reasons]

One question I need to know is what you have done to annoy the VP of HR to the extent that she is not giving you your full and final settlement. Is your record and actions clear? Have you given full notice when leaving? Have you caused some serious damage to their work or reputation? Or joined a close competitor?

It's very important that you have all the documentary evidence with you. Secondly, try to approach higher-up channels in the company to get the desired help. Once you are sure you may not get proper justice from them, approach legal channels through lawyers. Please ensure that you are not missing out on any front regarding company policies.

Thanks and regards,
Bijay