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Consultancy Fees not paid by the employer


16-May-2023 (In Labour & Service Law)
I had been working for a start-up company as a full-time consultant and was paid a fixed amount every month similar to salary. We also had a service agreement in the initial first year. But it was never renewed in the later years on grounds of trust. The payments to services rendered by me started getting irregular after 1 & 1/2 year. By the end of 4years my dues summed upto around 8lacs. The company decided to discontinue with my services from Jan 2017. They handed over me a letter stating that the company owes me money and they would pay me the entire sum within one year in part payments at the end of every quarter. They have also issued me a relieving letter.The first quarter has ended and i have been following up with them. But they are not responding to my emails. There are 5-6 other consultants going through the same issue. The Company says they don't have money to payback. What action can I take in this case?
Answers (2)

Answer #1
932 votes
Did you enter into an employment contract with your employer? If yes, then do share the details because it would contain a clause regarding resignation and payment of salary in lieu of notice period. If not, then you should immediately send a legal notice to your employer and demand payment of your dues and if your company then fails to pay then you can approach the appropriate labour court for redressal.
Answer #2
538 votes
you shall sent a legal notice through advocate to your company. the amount is agreed by the otherside in this circum,stances you can also file a criminal complaint in concern police station against company . at the same time you shall approach to mediator .

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Comments by Users

varun
hi have to withdraw my pf it's a old (2012) which don't have una. my current company have una . old company HR saying they can't trace my pf online and can't generate una .

Reply by LawRato
Employee Provident Fund (“EPF”) is governed under the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 to provide for the institution of provident funds, pension funds, and deposit-linked insurance funds for the employees in factories and other establishments.
To withdraw your PF (Provident Fund) from your old company, even if they don't have a Universal Account Number (UAN) or are unable to generate it, you can follow these steps:
- Communicate with your old company's HR department again and request assistance in tracing your PF details via manual records or offline processes. Furnish the necessary details to the HR department, including your full name, employee ID (if available), joining date, and any other information that can help them locate your PF account.
- Prepare a written request, explaining your situation and requesting the withdrawal of your PF. Ensure that you include your contact information and mention that your old company is unable to provide the UAN or generate the Universal Account Number.
- If your old company remains unresponsive or unable to help, consider reaching out to the regional EPFO under which your old company falls. Submit your written request to them along with any supporting documents or proofs of employment. Regularly follow up with the PF office. The complaint will initiate an inquiry by the EPFO against the employers. If found guilty of delayed payment, there can be legal action against the employer. 
If you face significant difficulties in withdrawing your PF, consider consulting a professional such as a lawyer or, who specializes in labour and service law matters.
You can hire a lawyer by clicking on the link below -
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