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Remedy as PF deducted from salary after employee left the company
03-Apr-2023 (In Labour & Service Law)
Hi I had been working with a company for 1.6 years I had been getting 12000 inhand salary I left it 2 months ago My Feb months 9 days salary and security deposit was pending with them They have now given me the remaining 9 days salary and deposit amount of 12000 by deducting the PF of around 12000 when I am not even employed with that company My new company created my pf account. The previous company has not even created that and deducted saying CA has made apporx calculations
What they have done is a crime under the ESI and PF Act. What you can do is the following:
1. You can file a compliant about the same to the ESI and PF office where the company is situated. Any person can compliant about the same even if he is not the employee of the company.
2. If they still don't respond then send them a legal notice drafted by a lawyer;
Section 7A of the said Act provides: Determination of monies due from employers – The Central Provident Fund Commissioner, any Additional Central Provident Fund Commissioner, any Deputy Provident Fund Commissioner, any Regional Provident Fund Commissioner or any Assistant Provident Fund Commissioner may, by order,
i. in a case where a dispute arises regarding the applicability of this Act to an establishment, decide such dispute; and
ii. determine the amount due from any employer under any provision of this Act, the Scheme or the Pension Scheme or the Insurance Scheme, as the case may be, and for any of the aforesaid purposes may conduct such inquiry as he may deem necessary.
3. You can also file an FIR against the company for cheating etc.
1. You can file a compliant about the same to the ESI and PF office where the company is situated. Any person can compliant about the same even if he is not the employee of the company.
2. If they still don't respond then send them a legal notice drafted by a lawyer;
Section 7A of the said Act provides: Determination of monies due from employers – The Central Provident Fund Commissioner, any Additional Central Provident Fund Commissioner, any Deputy Provident Fund Commissioner, any Regional Provident Fund Commissioner or any Assistant Provident Fund Commissioner may, by order,
i. in a case where a dispute arises regarding the applicability of this Act to an establishment, decide such dispute; and
ii. determine the amount due from any employer under any provision of this Act, the Scheme or the Pension Scheme or the Insurance Scheme, as the case may be, and for any of the aforesaid purposes may conduct such inquiry as he may deem necessary.
3. You can also file an FIR against the company for cheating etc.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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you can make complaint into labor court and ask for return your security deposit. also you can complaint into ESIC for deducting pf without pf account. now labor law are so much strong. private companies didn't follow rules so court may teach them what is law and how it works...
Helpful?
Adv. Deepak Yashwantrao Bade
Nagpur | 100+ Answers
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