Struggling with Unpaid Dues and PF: How Can I Resolve My Full and Final Settlement Issues?

I was relieved from the company on 25-Dec-2012. Still, my full and final settlement has not been done, with nearly 1 Lakh pending. How can I get the same? What is the procedure to collect my amount? I also found that my company has not paid the PF amount to my account, which was deducted from my salary for more than a year. What type of action needs to be taken for this? How long will it take for me to get a resolution for the same?

Thank you.

Dear Mr. Dinesh, You have not stated all the facts. What is the reason? Have you resigned properly? Did you get the relieving letter? What was your last drawn salary? I need these details. It can then be decided who will be the authority to judge - Commissioner of Labour or Judge of Civil Court. Should we proceed with an application under the Payment of Wages Act or send a legal notice to the employer? Please decide on the facts.

Regards,
Mangesh Wakodkar
Aurangabad

For salary concerns, you can approach the Payment of Wages Authority if your salary does not exceed Rs 18,000 per month. In case of non-remittance of deducted PF, you can file a complaint with the police as it constitutes a criminal offense.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

My salary was greater than $18,000. They have not paid my 3 months' salary, and that's why I quit the company. More than 9 months have passed. I have sent several emails, more than 50 to 60 follow-up emails requesting settlement, but they are not caring at all. Even the working employees have not received their salaries for 10 months. When we request the amount, they say it is not possible to settle right now. However, they do not provide a time frame for settling the amount. How can we recover from this situation? Is filing a case in court the only option, or are there other alternatives available?

Approaching the Assistant Labour Commissioner

You may approach the Assistant Labour Commissioner under whose jurisdiction your office falls and file your complaint under the Payment of Wages Act. The Assistant Labour Commissioner is a conciliation officer who can call upon your management for explanation and settlement but cannot provide an award or decision. If your employer still disagrees, the conciliation officer can forward your case to civil court for filing, and the proceedings will commence under a civil suit.

Addressing PF Non-Payment

For PF non-payment, you can write a letter to the Deputy PF Commissioner under whose purview your office falls, and he can issue a show-cause notice to your employer with the applicable penalty or compensation.

With regards,
Rajesh Rajput

My issue was that I had worked in Chennai. Now, I have got a job at a reputed company in Pune. Yearly, once or twice only, I can go back home. This limits my ability to follow up on the case as I cannot go to Chennai to handle it, preventing me from approaching the court. So, if after some years, I get a chance to work in Chennai, I will pursue the legal route.

Alternative Ways to Retrieve Money

My question is, are there any other ways to retrieve my hard-earned money without involving the court? Alternatively, can I approach the Labour Commissioner in Pune regarding this scenario? I hope you understand my situation.

I think you might as well forget about the money. You are not getting it back. If someone has not paid salary for 10 months, then, well, there is a major problem. Your efforts will be wasted as the company, in the end, will still not have money to give. However, you need to keep sending out reminders every 6 months to ensure it does not get hit by the law of limitation.

Addressing the PF Matter

For the PF matter, go and meet the PRO at the PF office in Pune. If possible, meet the commissioner. The PRO will tell you how to take up the matter and whether they can handle it from Pune and coordinate with Chennai. If not, then forget it, as it is again a waste of time for you. Focus instead on your new job and make the money :)