Struggling to Claim Dues from Former Employer: How Can My Colleague Get His Money Back?

I have a colleague who had left his previous employer after working with them for over 8 years.

After much follow-up, the employer released only part of his PF amount maintained in the company trust after 1 year and told him to wait for some more time as they had not deposited part of his PF payments.

Similarly, after regular follow-ups, his superannuation pension was released to him after 1.5 years from LIC, though the 1/3rd commutation that he had asked for has still not been paid to him.

On doing recalculation, he has found that the pension being paid to him is on an amount which is 1/3 of what his fund should have been. The annual statement of the fund had not been provided to the members for over 2-3 years.

The amount due for salary and other reimbursements including gratuity works out to be over 8 lakhs.

Despite repeated reminders, the company is not responding to him, and neither are they releasing any details or any amount to him. Kindly guide as to how can he:

1. Claim his salary and other reimbursements.
2. Claim his pending PF and entire Pension.
3. Claim the remaining amount of his Superannuation not deposited by the company with LIC.
4. Claim his pending gratuity which has not been released by the company.

It is over 2.5 years since he has left this company. And he has already sent 5 reminders (by registered A/D) with copies addressed to the MD (Owner) of the company, with no reply.

Hi,

Please ask your friend to write a complaint letter to the PF Commissioner of the Zone, providing all the necessary details, and also cc a copy of the letter to his ex-employer. By reporting the matter to the PF Commissioner, it is likely that his ex-employer will expedite the process of settling your friend's accounts.

Regards, Naresh Taneja

Hi Naresh,

Thanks for the advice. But wouldn't that only help with PF dues? Can you also assist in figuring out how to help him claim his dues from LIC and, especially, from his employer?

Thanks in advance,

Hi,

You may write a complaint to the Regional Labor Commissioner's Office to claim dues from the company, as well as from LIC and PF funds.

Amit Goyal

Hi,

For help in getting his dues from the previous employer, complaints should be addressed to the Labour Commissioner of the area in which the company is located.

Regards,
Naresh Taneja

In case Mumbai, where to apply to PF commissioner for non-payment of Gratuity of last employee.

Please advise on how to recover bonus dues from my employer. I left in the month of April 2016. Previously, they had committed to giving me the bonus, but now they are claiming that I am not eligible for it despite having worked for 8 years in the same firm.