Company hasn’t paid me pf money + salary, what are my options

195°
Deal Cadet
94
127
3

TITLE.

Worked at a company, they deducted pf every month from my salary but never deposited in my pf account, heck they didn’t even open a account for me, I left the job mid October for some reason, it has been almost 100+ days, I still haven’t received a single penny of the pf money and the salary for October month, which is both illegal and unethical. After countless message, emails and calls.. I AM FED UP NOW.

What are my options now?

Ps: i have the company laptop with me.

P.p.s.: For people who think i did not serve notice period or that i did not leave. Here some clarification :

It was complicated, because I had to rush to my hometown due to some exigency, and i informed them but somehow they did not receive the information, on that grounds they terminated me, after the fact I shared the proof that i sent the email and the hr acknowledged, but i didn’t care then, i just wanted the money that they owe me.

The laptop is actually at my relatives home, in the same city where the company office is, and I am in my hometown currently.

28 Comments  |  
14 Dimers
  • Sort By
66
414
3

Laptop bech dijiye chor bazar me

94
127
3
SastaRaju wrote:

Laptop bech dijiye chor bazar me

I don’t want to do that, man. I have just kept it so that I can make sure I will get the money and then return the laptop to them.

92
3340
34

Being @The_GoodFella won’t solve anything.
Be the bad boy. Try giving a legal notice. If u can prove money was deducted for pf(on paper)

0
811
3

It seems you left and not resigned..

That ‘some reason’ maybe the reason why you they are not paying you PF+Oct-Salary..

PS- No experience of private jobs.

94
127
3
P_A_N_K_A_J wrote:

Being @The_GoodFella won’t solve anything.
Be the bad boy. Try giving a legal notice. If u can prove money was deducted for pf(on paper)

Agree. I have no clue about the legal stuff, can u give me some pointers ? Plus going the legal way might elongate the process even more, don’t u think? And yes,I have proof that pf was deducted from my salary (bank transactions, and text messages).

203
2352
135

when you have company laptop, it doesn’t look like you left it

PF part seem to be illegal, try contacting some legal advisor or post in some related forum?

94
127
3
161508-v2.0 wrote:

It seems you left and not resigned..

That ‘some reason’ maybe the reason why you they are not paying you PF+Oct-Salary..

PS- No experience of private jobs.

Nah, it was complicated, because I had to rush to my hometown due to some exigency, and i informed them but somehow they did not receive the information, on that grounds they terminated me, after the fact I shared the proof that i sent the email and the hr acknowledged, but i didn’t care then, i just wanted the money that they owe me.

94
127
3
Majestic wrote:

when you have company laptop, it doesn’t look like you left it

PF part seem to be illegal, try contacting some legal advisor or post in some related forum?

It is actually at my relatives home, in the same city where the company office is, and I am in my hometown currently. Yes, holding salary for more than one month and not paying the pf, both are illegal. Btw Which forum ? Do you know of any ?

92
3340
34
Expand
The_GoodFella wrote:

Agree. I have no clue about the legal stuff NOR DO I., can u give me some pointers ? Plus going the legal way might elongate the process even more, don’t u think? And yes,I have proof that pf was deducted from my salary (bank transactions, and text messages).

No pain no gain.
Get a liar.

242
3056
20
Expand
The_GoodFella wrote:

It is actually at my relatives home, in the same city where the company office is, and I am in my hometown currently. Yes, holding salary for more than one month and not paying the pf, both are illegal. Btw Which forum ? Do you know of any ?

https://www.facebook.com/groups/452137104...74

Remember one thing, one need to keep things clear with a lawyer or a doctor.

3,302
50081
324

if your contract has such terms as absenting yourself for such periods can cause termination with out payments then there is no room for compaints.
Non depositing PF money may be an offence. The concerned EPFO can charge for damages or penalty by the employers

50
1067
8

How did you come to know they have deducted PF from your salary every month? Did you get salary slip every month from your employer?

0
811
3
Expand
andromeda wrote:

https://www.facebook.com/groups/452137104...74

Remember one thing, one need to keep things clear with a lawyer or a doctor.

+1 (about keeping things clear). . and here also, If you are seeking help to fix something that has gone wrong.


There is a difference in ‘left’ and ‘being terminated(because of absence)’–for you should take permission for any exigencies you have, not inform later.

194
6290
70
bdatta1981 wrote:

How did you come to know they have deducted PF from your salary every month? Did you get salary slip every month from your employer?

Only one side biased story, he did not bother for PF while working, funny!
Hi OP
U are not talking about notice period(why?how many months?), if its some urgency you are free to go on leave or LOP but its your responsibility to properly inform Company and comeback after 10-15 or 30 days
but conveniently u left company lurch.
What is stopping you from going to office and settle once for all everything, including Laptop return(u can not keep laptop if u r terminated ur supposed to return as it may have office data which can land u in big legal trouble)
Do not be angry, I know how much company suffers when someone leaves all of a sudden!
U better go to office, return laptop, explain your issue and negotiate for notice period and pay all dues get proper relieving letter.
If they do not pay your PF dues you can file case as this is serious issue.
Edit: When someone leaves company(suddenly), it affects another employee(s) more than company due to workload,lack of knowledge etc esp in small offices

107
991
7
Expand
caks2006407 wrote:

Only one side biased story, he did not bother for PF while working, funny!
Hi OP
U are not talking about notice period(why?how many months?), if its some urgency you are free to go on leave or LOP but its your responsibility to properly inform Company and comeback after 10-15 or 30 days
but conveniently u left company lurch.
What is stopping you from going to office and settle once for all everything, including Laptop return(u can not keep laptop if u r terminated ur supposed to return as it may have office data which can land u in big legal trouble)
Do not be angry, I know how much company suffers when someone leaves all of a sudden!
U better go to office, return laptop, explain your issue and negotiate for notice period and pay all dues get proper relieving letter.
If they do not pay your PF dues you can file case as this is serious issue.

Apart from the above, just check with your line manager and HR manager whether they have issued any absconding notice.

Your PF is safe. You need to know your PF number and where it is credited (like PF trust run by your company or govt etc).

PF number is allocated on the same month of joining.

You need to settle with them before 31st Mar, else it will create many other issues during IT returns.

57
9534
124

do not abscond / resign ie put down papers and quit

94
127
3
bdatta1981 wrote:

How did you come to know they have deducted PF from your salary every month? Did you get salary slip every month from your employer?

Cuz I opted for it when they asked me at the start. They did not give me salary slips, they provided me slips in October (for all the months !) and there was no mention of pf, because they didn’t want to incriminate themselves, i guess. Because they knew they are in wrong by holding my pf money and may get penalized if caught. Short answer, they did not mention pf in salary slips. But I have bank statements that show that I have received less salary than my ctc every month. Plus i have messages, emails from the hr and management, acknowledging that they owe me money.

94
127
3
Expand
161508-v2.0 wrote:

+1 (about keeping things clear). . and here also, If you are seeking help to fix something that has gone wrong.


There is a difference in ‘left’ and ‘being terminated(because of absence)’–for you should take permission for any exigencies you have, not inform later.

It was a medical exigency, so I left and I left with only my phone, so I texted the hr, and a couple of days later, I emailed the hr as well.

94
127
3
desiman wrote:

do not abscond / resign ie put down papers and quit

I did not, there was a misunderstanding I did let them know that I had left in a rush l, as it was a medical exigency back home, but somehow hr didn’t convey that info. Or whatever.
Ps: that hr resigned a month or 2 later.

41
212
2
Expand
The_GoodFella wrote:

I did not, there was a misunderstanding I did let them know that I had left in a rush l, as it was a medical exigency back home, but somehow hr didn’t convey that info. Or whatever.
Ps: that hr resigned a month or 2 later.

Had you cced your manager?.If so,i think it wouldn’t be problem

94
127
3
Expand
caks2006407 wrote:

Only one side biased story, he did not bother for PF while working, funny!
Hi OP
U are not talking about notice period(why?how many months?), if its some urgency you are free to go on leave or LOP but its your responsibility to properly inform Company and comeback after 10-15 or 30 days
but conveniently u left company lurch.
What is stopping you from going to office and settle once for all everything, including Laptop return(u can not keep laptop if u r terminated ur supposed to return as it may have office data which can land u in big legal trouble)
Do not be angry, I know how much company suffers when someone leaves all of a sudden!
U better go to office, return laptop, explain your issue and negotiate for notice period and pay all dues get proper relieving letter.
If they do not pay your PF dues you can file case as this is serious issue.
Edit: When someone leaves company(suddenly), it affects another employee(s) more than company due to workload,lack of knowledge etc esp in small offices

Thanks for taking the time to reply.

Fyi, i did asked and contacted hr and management repeatedly while i was in the company, and I mentioned that in the op itself. They kept making false promises, but never delivered.

I did INFORM them, somehow the hr did not convey the message to management, and they handed me the termination, which I clarified with the hr later, but I didn’t cared about the job by then, I just want the money that I’m owed, i.e. pf and salary back.

What was stopping me before was the coronavirus, night curfews in my area (just been removed from a couple of weeks), and mainly the distance, it is 18 hrs. Away from my hometown.
Fyi, I DO NOT HAVE THE LAPTOP “with me”, it is with my relatives in the with whom i used to live, which is in the same city as the company office, I have no problem returning it, but won’t reply if i didn’t had the company laptop as ‘security’. Cuz fyi, i have worked in this company, and i know the ins and outs, and so many employees in the past were not paid.

Why are u so angry ? Kindly check the tone of your reply, and ask yourself this – Am I in this person’s position? Should I call him out on things I don’t know about? Etc.
I have mentioned almost everything you asked about in the op, if you would’ve just took the time to read it and then reply.. but anyways. No offense. Hope I answered your questions.

94
127
3
Expand
vasanth_ece wrote:

Had you cced your manager?.If so,i think it wouldn’t be problem

No i just sent it to the hr department email id.

203
2352
135
Expand
The_GoodFella wrote:

It is actually at my relatives home, in the same city where the company office is, and I am in my hometown currently. Yes, holding salary for more than one month and not paying the pf, both are illegal. Btw Which forum ? Do you know of any ?

No, not aware

41
212
2
Expand
The_GoodFella wrote:

No i just sent it to the hr department email id.

You should have cced your manager too..Also, you should have called the manager and told your situation..

6
13677
156
Expand
The_GoodFella wrote:

I don’t want to do that, man. I have just kept it so that I can make sure I will get the money and then return the laptop to them.

Till then rent/stake the laptop and earn some perks.

0
20
0

without much saying about ur pf & salary, better u returned the laptop first to them & take the deposit slip/any proof to be on safe side & avoid any legal issues . then procceed onto pf matter

50
314
1

I agree with @caks2006407 there are too many gaps in the story and what you did was Abscond, doesn’t matter whatever reasons you give, that is exactly what it is. You’ve handed over a Company asset to a relative, which means it is “In your possession” as long as legality is concerned… that is again a liability.

This is a mistake, go to the company talk to the HR and settle this amicably, hand over the asset first, do not keep it in your possession. This will impact your career when you work for Banks/Financial/Capital markes or other Secure Clients because your BG (Background Verification) will fail and they will reject your Resume saying emp absconded with a company asset.

Check your offer letter, if you’re onboarded as a “Consultant”/“Contractor” there is no obligation of the company to provide a PF contribution… If you don’t have an offer letter, then surrender the laptop and contact a legal advisor..

You don’t have a Salary slip or a UAN number, or SMS regarding PF contribution or any documentation that the company promised a contribution, the only way you can confirm is go to the RPFO and check..

50
1067
8
Expand
The_GoodFella wrote:

Cuz I opted for it when they asked me at the start. They did not give me salary slips, they provided me slips in October (for all the months !) and there was no mention of pf, because they didn’t want to incriminate themselves, i guess. Because they knew they are in wrong by holding my pf money and may get penalized if caught. Short answer, they did not mention pf in salary slips. But I have bank statements that show that I have received less salary than my ctc every month. Plus i have messages, emails from the hr and management, acknowledging that they owe me money.

Hiding the PF information from salary slips is indeed mysterious and doesn’t seem right.
Receiving less salary than CTC is quite common since a lot of deductions can take place in one’s paycheck like income tax, professional tax, any kind of recovery amount, etc.

Also, from what you have described, the employee has terminated you on the grounds of absconding only. I understand that everything happened due to miscommunication and misunderstanding but you have technically not served the notice period and what the employer did seems purely legit.

I strongly recommend that you have to take time out if things are better now from the past exigency and personally visit your employer’s office and get things clarified. Hope you can do it since COVID-19 related restrictions have relatively eased now than before. That’s the best step you can take right now. If it was a medical emergency, try taking supporting documents like a doctor’s certificate to help establish the trust with the company that your emergency was genuine.

Missing