I didn't sign any offer letter or confirmation letter, but I'm given EPF every month for both Account 1 and Account 2. So, my question is, am I still considered official staff for that company, and do I need to follow all laws the same as an official staff member in this kind of situation? I worked for 8 months, and they skipped the first 3 months of EPF contributions. What can I do?
From Malaysia, Kuala Lumpur
From Malaysia, Kuala Lumpur
It is a bit confusing. You say you worked for 8 months and received PF contributions for 5 months, but you are unsure whether you are or were an official staff member of the company and if you are bound by the laws since you did not sign any offer letter or confirmation. The query is shown to be from Malaysia.
Since you worked for 8 months in the company, you have been an employee of that company for that period. Whether you were counted among official staff or elsewhere is an administrative decision, but the legal status of being an employee has accrued to you even though you did not sign any offer letter or confirmation. If no PF was paid for the first three months and if you are insistent, a remedy exists by way of a complaint to the PF Department. As it is not clear whether you are referring to Malaysian laws or Indian laws, it is better to refrain from commenting further on your legal rights and obligations.
From India, Mumbai
Since you worked for 8 months in the company, you have been an employee of that company for that period. Whether you were counted among official staff or elsewhere is an administrative decision, but the legal status of being an employee has accrued to you even though you did not sign any offer letter or confirmation. If no PF was paid for the first three months and if you are insistent, a remedy exists by way of a complaint to the PF Department. As it is not clear whether you are referring to Malaysian laws or Indian laws, it is better to refrain from commenting further on your legal rights and obligations.
From India, Mumbai
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