With all due respect, I wish to convey that I was employed at Company A for a brief period of 2 months (June-July 2017). Afterwards, I left the organization due to some health issues, and I wasn't bound by any contract with them either. The fact that they didn't provide any kind of Offer/Joining/Appointment letter at the start of the job meant I didn't ask for a relieving/experience letter either.
Since the 'Mark Exit' option was not available at that time, I couldn't mark my exit myself, and later Company A deliberately marked an incorrect Date of Exit (DOE) in my EPF account.
Upon raising this issue on the EPF grievance portal, I was instructed to submit a joint declaration along with Form 10 for the same.
Initially, the employer did not respond to my emails, but after escalating the grievance, they replied (on the instructions of the EPF office) and requested proof of the date of exit despite never providing one.
My EPF passbook clearly indicates that there were no contributions made from either side after July 2017. This fact is sufficient evidence that I did not continue employment there after July 2017. Additionally, I can provide my bank statements showing that no salary was received after July.
When I attempted to contact the employer via phone, they simply stated that they could not assist me as absconding employees are not eligible for EPF (according to them).
In this regard, I seek your guidance on the potential next steps.
From India, Lucknow
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Since the 'Mark Exit' option was not available at that time, I couldn't mark my exit myself, and later Company A deliberately marked an incorrect Date of Exit (DOE) in my EPF account.
Upon raising this issue on the EPF grievance portal, I was instructed to submit a joint declaration along with Form 10 for the same.
Initially, the employer did not respond to my emails, but after escalating the grievance, they replied (on the instructions of the EPF office) and requested proof of the date of exit despite never providing one.
My EPF passbook clearly indicates that there were no contributions made from either side after July 2017. This fact is sufficient evidence that I did not continue employment there after July 2017. Additionally, I can provide my bank statements showing that no salary was received after July.
When I attempted to contact the employer via phone, they simply stated that they could not assist me as absconding employees are not eligible for EPF (according to them).
In this regard, I seek your guidance on the potential next steps.
From India, Lucknow
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Clarification on Employment and Exit Dates
If you left the organization due to health issues, you should not have joined another company after 31-7-2017. If you have not joined anywhere else, the date of exit does not make any difference. In a way, it is beneficial for you because the company is certifying your service until the date of exit as per the PF portal.
On the other hand, if you have joined another company and the date of joining there is earlier than the date of exit from the previous company, you should change it. For that, you can use the same grievance cell, stating that the employer is not signing the joint declaration.
From India, Kannur
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4526If you left the organization due to health issues, you should not have joined another company after 31-7-2017. If you have not joined anywhere else, the date of exit does not make any difference. In a way, it is beneficial for you because the company is certifying your service until the date of exit as per the PF portal.
On the other hand, if you have joined another company and the date of joining there is earlier than the date of exit from the previous company, you should change it. For that, you can use the same grievance cell, stating that the employer is not signing the joint declaration.
From India, Kannur
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Current Employment Status and EPF Transfer Process
Amit, please share your current employment status. Are you currently employed with another organization under the same UAN? If yes, then you will need to submit a physical Form 13 for transfer to your present EPF office. This form should be duly signed by your present employer. Please note that this process may take some time but is effective.
Kindly be aware that EPF/EPS accounts with less than 6 months' worth of contributions are not eligible for withdrawal.
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Amit, please share your current employment status. Are you currently employed with another organization under the same UAN? If yes, then you will need to submit a physical Form 13 for transfer to your present EPF office. This form should be duly signed by your present employer. Please note that this process may take some time but is effective.
Kindly be aware that EPF/EPS accounts with less than 6 months' worth of contributions are not eligible for withdrawal.
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Issue with Factory Employment Termination
I was removed by the factory without prior notice and without intimation. The factory is not releasing my dues, including bonus and notice pay. They claim, after 30 months, that I resigned first. Additionally, the factory rejected my ESIC Atal Bimit Yojna benefit.
Seeking Advice on Recovering Dues
Sir, how can I get my dues? I have lodged a complaint with the local Factory Inspector (Haryana Labour Department). Please suggest how I can get my dues. Thank you, sir.
From India, Moradabad
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I was removed by the factory without prior notice and without intimation. The factory is not releasing my dues, including bonus and notice pay. They claim, after 30 months, that I resigned first. Additionally, the factory rejected my ESIC Atal Bimit Yojna benefit.
Seeking Advice on Recovering Dues
Sir, how can I get my dues? I have lodged a complaint with the local Factory Inspector (Haryana Labour Department). Please suggest how I can get my dues. Thank you, sir.
From India, Moradabad
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To the seniors, I want to bring to your notice and seek your advice. I was removed from my factory on 01/04/2021 without prior notice. The factory claims that after three months, it is considered a resignation. However, I had applied for the Atal Bimit Yojna in June 2021. The factory insists that I am absent and have not officially left the job. Unfortunately, my case was rejected by the ESIC. Currently, the factory is withholding my dues such as notice pay and bonus.
Please advise me on how to proceed.
Thank you.
From India, Moradabad
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Please advise me on how to proceed.
Thank you.
From India, Moradabad
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(Fact Checked)-The query raised pertains to a situation post-employment. It is advisable to consult with labor laws and explore options for resolving the issue. (1 Acknowledge point)
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(Fact Checked)-The factory cannot deny your dues or benefits unlawfully. You may need to seek legal advice or contact the labor department for further assistance. (1 Acknowledge point)