PF Settlement And Experience Certificate

Hi,

I Joined a reputed automotive software company in Coimbatore on Aug 2008 as a fresher.

I worked for 4years 7months.

I was deputed to France for a year Jan2011 - Jan2012.

As per onsite agreement, I should serve the company twice the onsite period.(ie.24 months from Jan 2012).

This is not legal agreement but as per company policy, a mutual agreement.

But, due to personal reasons, I quit the company on March 2013.

I have planned to study MS in Germany and so, I quit.

The company policy is revised from Jan 2013, that only 6months after onsite period is sufficient.

But, the HR is not providing me the experience certificate and my PF settlement.

They asked me to pay for 11months (since I served 13months from jan2012) and get my PF settlement and Experience certificate.

I have requested my HR so many times, as I mentioned the newly revised company policy on oniste bond period.

But, the HR said the new policy is for those who go onsite from Jan2013 and they strongly said to pay the amount get my settlements.

As I am studying now with the help of educational loan,

it is hard for me to pay the amount which is roughly 1.3lakhs.

Kindly help how to solve this problem.

As per your mail, HR was right in saying the new policy is for those who go onsite from Jan 13.
PF can't be stopped by an employer, PF has to be processed, as it is a legal that no employer can stop.

Well, were the policy changed before you moved onsite and do you know about the new policy and signed the agreement then your HR is right but if you were already moved onsite before the new policy applied and you don't know the change in policy and not yet signed for agreeing on the new policy then it the new policy should not applied on you ideally.
If the 2nd one is the case then you can draft an email to head HR mentioning that you were already moved onsite before the new policy applied and the same should applied to the employees joined later....etc and etc. and make your point valid and try to convince them for your proper relieving.
Also, as concern as PF, no employer can stop PF withdrawal and you can withdraw you PF by completing all mandatory formalities.

The agreement or the policy of the company stands good when you went abraod. Further changes in the policy unless it is informed to you it not applicable to you. Therefore HR is right is saying that yo will have to pay the amount as per the agreement /polcy existed at that time. As for as the PF is concerned they cannot stop it or hold it to adjsut the same in the amount payable to you.
Only way is to meet the top management and appraise them of your situation and request them to help to you as the company has got the right to waive of the amount payable to you as a special case whcih HR cannot do

I am in a similar situation .. No PF and no release letter .. You can drop an email to your employer to release your PF .. If they dont take a step got to local PF commisioner and put a complaint ..
No need for release letter .. If you have an Appointment letter, resignation letter(with proper date of resignation), latest paystubs, then you can convince next employer with those details ..

Dear Bala Kumaran,

Please answer these two questions in order to opine better:-

1. Whether you went to france on some training for which company covered all the expenses or on ruitine deputation?

2. Whether you requested to go for this deputation or it was companies decision to send you to France?

If it was not a training than it is totally illegal and they cannot force you to serve for that period...

No policy of company is above Law of the land. Forced Labour is a crime punishable by jail term in India and this scenario is squarely covered under its definition. Just because some company had sent any of its employee on deputation to somewhere for work doesn't mean that they have got right to ask him to work against his will for any term whatsoever. However all depends on your answers to my questions.

It is right that they cannot stop the PF settlement as it not within their power to stop the same. However for clean Experience certificate and a positive feedback you have to take refuge with Law and complain against them to your Local Labour Commissioner. That will sort the matter once and for all.

Please do answer my above questions...

Dear Bala kumaran,
I would like to congratulate you for your studies. Coming to your case, I second the opinion of our lawyer from Delhi. The way your employer is behaving seems to be like bonded labour. It doesn't work out in our country scenario. Also
"This is not legal agreement but as per company policy, a mutual agreement"
that mutual agreement needs more clarity in the sense any signing happened or its oral in nature. However my suggestion for you is to please sit with some Sr. person of HR and try to explain about your situation and get rid of the problem amicably.