Legal Question in Employment Law in India

I have worked for two years in one cash management company and then resign Date of joining -29-05-2014 and date of resigning-22-05-2016 ,i have not served my notice period after three month of resigning i got my Full and Final from company then i have fill all pf forms (ex Form 19 and all) and give necessary documents too. the manager has told that you will get your pf in 120 days but it has been 4 months go away till now i didn't get my pf and when i asked Our Company Hr they said that your manager has not sent me your pf documents so i want to take legal action on manager and company what should i do?


Asked on 1/18/17, 4:38 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

20.01.2017

Dear Madam / Sir,

Your appointment in the Company is governed by the terms and conditions mentioned therein and the Company's HR policy. If your basic salary is above the minimum salary of Rs. 15,000/- per month prescribed for exemption of Provident Fund (PF) and if your appointment letter is silent about employer / employee PF contribution therein, it remains at the Company discretion whether to opt for PF or not ? If the Company remains liable for PF contribution, you should escalate the matter to the local Provident Fund Commissioner for information and action.

Regards,

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Answered on 1/19/17, 9:35 pm


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