Struggling to Get My Final Settlement and PF: How Can I Resolve This Ongoing Issue?

Dear All,

I am facing a significant problem. I worked at a renowned company from October 2007 to September 2009. I had to resign because they were transferring me, and I couldn't relocate. The situation was so urgent that I had to resign abruptly. In my resignation letter, I requested that my notice period be deducted from my leave payment.

Shortly after resigning, I experienced a miscarriage, leading to a year of bed rest. During this time, my husband diligently followed up on my pending dues. Despite deductions, I was still entitled to receive a final amount, including my conveyance and telephone allowances. However, when my husband requested the Full and Final (FnF) settlement details, it showed a recovery of Rs. 2800 without any accompanying calculations. When I visited the office a year later, they promised to provide the necessary documentation with calculations. It has been seven months of continuous follow-ups, but they have not responded. I even reached out to the VP of HR at the Delhi Corporate office. My full and final payment, as well as my Provident Fund (PF), are currently on hold.

I am extremely distressed and unsure of how to obtain my PF and pending payment. Please assist me.

Somdatta Neogi

West Bengal

Kolkata

9903068598

The company can only provide information about why they deducted Rs. 2800 from your final settlement. Perhaps there may be pending tax deductions or professional tax due until your date of leaving, or similar issues. However, you do not need to wait for your company to withdraw your PF accumulations. You may directly submit the withdrawal forms, Form 19 and Form 10C, to the EPF Office after getting your signatures in the forms attested by your Bank Manager. Your amount will be credited to your account. When submitting the completed forms, please enclose a canceled cheque to facilitate electronic fund transfer by the EPFO.

Regards, Madhu.T.K

Thank you. I want to say that I have already submitted my Form 10C and Form 19 in November 2007 to the office with my husband. My PTax deduction was always done every month. Now kindly guide on what the next step should be.

Regards,
Somdatta
[Phone Number Removed For Privacy Reasons]
Kolkata

The forms you had submitted to your employer for onward submission to the EPFO might have been lost. Therefore, you may submit another set of forms directly.

Regarding your full and final settlement, I can only say that it is due to a bad HR practice that you are forced to suffer like this.

Regards,
Madhu T.K.

Dear Somdatta Neogi,

Greetings for the day.

First, go through your appointment letter to understand the conditions described for termination, resignation, or notice period. If there is a condition to serve a notice of a stipulated period from either side, then wages for the notice period can't be deducted. If resigned with immediate effect, the decision should be based on company directives regarding deduction.

Secondly, the deduction of Rs. 2800/- can only be confirmed by the HR Department of the company. If they are unable to do so, it reflects poor HR practice, as rightly pointed out by Madhu.

Thirdly, please ask for Form 3A for yourself to confirm the salary on which the EPF/EPS accumulation was done, enabling you to know your salary details.

Thanks & regards,

Sumit Kumar Saxena
9899669071, 0120-4131277