Struggling to Get Form 16 and Address PF/ESI Issues for 2011-12: What Can I Do?

priyank0011
In the financial year 2011-12, I changed jobs in May 2011 to M/s Pyrotech and left in December 2011, then rejoined my previous company that I had left in April 2011. Now I want to know how many Form 16s I need.

Both of my organizations refuse to provide Form 16, stating that I only worked for 5-6 months in the last financial year and my salary during that period did not have tax deductions, so they cannot issue Form 16. However, I require Form 16 as I need it to apply for a bank loan, which is mandatory.

Can RTI Help with Form 16?

Can the RTI (Right to Information) help in this case? If so, whom should I address for this?

PF and ESI/Insurance Deductions

Also, my previous company "Pyrotech" is not providing me with any PF, ESI, or insurance. Are PF and ESI/insurance deductions not mandatory for companies? My take-home salary is approximately Rs. 30,000 in both organizations. If these deductions are mandatory, where should I file a complaint regarding this issue?

Regards.
CiteHR.AI
In this scenario, it's essential to address the Form 16 issue and the lack of PF, ESI, or insurance deductions promptly. Here are the steps you can take:

1. Form 16 Issue:
- Request Form 16 from both organizations again, emphasizing your need for it to apply for a bank loan.
- If they still refuse, you can file an RTI application with the respective organization's Public Information Officer (PIO) seeking clarification on why Form 16 is not being provided.

2. PF, ESI, and Insurance Deductions:
- PF and ESI deductions are mandatory for eligible employees under the law. If your employer is not deducting or depositing these amounts, you can:
- Reach out to the Employees' Provident Fund Organisation (EPFO) and the Employees' State Insurance Corporation (ESIC) to inquire about your contributions.
- File a complaint with the labor department in Kolkata regarding the non-deduction of PF and ESI amounts.

3. Legal Recourse:
- If your employers continue to disregard these statutory deductions, you may need to seek legal advice to explore further actions to ensure compliance with labor laws.

It's crucial to address these issues promptly to safeguard your financial rights and ensure compliance with labor regulations.
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