How Can I Negotiate with My Employer for Unpaid Salary and PF After Resignation?

Hi All, I worked in a Pvt. Ltd. company for 1.8 years. As my boss, who also oversees the HR department, came to know that I was having an affair with my colleague (we only used to chat in the office during free time), he talked to me and said to discontinue and also terminated the girl by just sending her a message, "Stop your services."

After giving my resignation letter, he assured me that he would deliver my payment and PF as soon as possible. After 3 days, he sent me a letter mentioning that because I supported another employee in leaving the company and for romantic engagement, there was a loss to the company. I was also doing some freelancing work for a company, and he claimed that I was working illegally for another company. However, I have not signed any agreement, and the company also doesn't have any such policy as the company's payment is minimal and also doesn't provide incentives/bonuses. Because of these reasons, he declines to pay my salary for the last month and PF for the past year.

I also want to mention that as our company has only 12 employees, it is not eligible for EPF as per their rules; hence the company has not provided us with a PF number but is deducting PF from our salary. He has also provided a Salary Revision Letter in which he mentioned PF. I am negotiating with him, but he is asking me to incur his losses and is ready to pay 1/3 of the amount.

Can you please help me with how to negotiate with him and ask for more, as I have done nothing illegal and never tried to incur a loss to the company?

I would like to advise you on behalf of your description that there is a P.F. deduction in your salary revision letter. For this evidence, you can approach the labor office. Regarding your full and final settlement, the manager cannot deduct any amount without the conformity of the State Government as per the notification in the Official Gazette.

Also, it is important to note that they are required to settle your full and final within 30 days.

Thank you.

Also, I want to ask that I had given my resignation letter, which was duly accepted, but my employer is not providing me with an experience certificate. Should I emphasize this point in front of the Labor Officer? The company has given me a relieving letter, which I have attached, but it is denying me my experience certificate.

How to Obtain the Experience Certificate

How should I obtain the experience certificate from them?

Regards

Dear Zeondunst,

As you mentioned that your company is not covered under the EPF & MP Act, 1952, and yet was deducting the EPF amount from your salary, with the salary slip as evidence clearly showing this, I would suggest that you write a complaint letter to the EPF Office in your area regarding the issue. Simultaneously, you may lodge an FIR against your company, as deducting the EPF amount from your salary and not depositing it into your account is a criminal offense (420 case under IPC) since no one can do business with your money. Regarding the salary of the last month, you may seek assistance from the Labor Office.

Thanks & Regards,
Jawed Alam

Using a Relieving Letter as an Experience Letter

Your relieving letter already includes the dates of your employment, so it can also serve as an experience letter. You cannot obtain any additional documentation from them.

Regards.

I suppose they have given you a full and final settlement letter. Check with your HR team that it will suffice as the relieving letter. If not, then paying them back the 50,000 is the only option. I am surprised you did not bother to check why they have given you Rs 50,000 extra?