• Payment without serving notice period

Dear Sir/ Madam,

I served in a company from 17th July,2017 till 11th December 2017, and they have been cutting the amount for my PF and my monthly incentive. At the end, I didn't serve the notice period and returned the laptop they gave me and they in return said that I need to wait for 45 days for me to receive the FNF. 

Now they are denying it. I do not need the money for the days I worked in December but I require the payment they have been cutting for my PF and my incentive for the month of November. 

Please please please please please let me know what I can do.
Asked 4 years ago in Labour

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

Send them a legal notice seeking immediate release of your PF contribution together with the incentive that is due to you.

If they do not comply with the Legal Notice, file a court case again them.

You can send Legal Notice through kaanoon.com.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If you failed to serve the notice period company would adjust the shortfall in notice period against your incentives

You are entitled to money deducted from your salary for provident fund

Issue legal notice to company to pay your outstanding dues

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

1) If PF amount is deposited in your PF account by your company than that amount you will get from PF Office.

2) Regarding Incentive and FNF payment related you ask in mutual consent talk otherwise, If your employer is not paying your salary, you can get these remedies.

A) Approach Labour Commissioner:

If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.

B) Industrial Dispute Act:

i) An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.

ii) When the salary is due from the employer, the employee himself or any other person authorized by him in writing on his behalf can claim recover money.

iii) In case of the employee death, the authorized person or heirs make an application to the labour court for recovery of money due.

iv) The court will further issue a certificate on being satisfied that the salary is due and the collector shall proceed to recover the same.

v) If any question arises as to the amount of money due or as to the amount at which such benefit should be computed, it would be computed according to rules under this Act

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. What is the notice period you were required to serve on your employer for resigning from your job?

2. Is it for 3 months?

3. If yes, then you shall have to pay the company an amount equal to your salary for the notice period in lieu of the notice period which you have failed to give.

4. After deducting the said amount, the Company is liable to return you the balance amount.

5. you can file a complaint before the local labour commissioner in this regard.

6. You can also file a Money Suit claiming the said amount with interest, damage and cost but your legal expenses to be incurred might outweigh your claim.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hello sir , it is advisable to serve them a legal demand notice asking for the due salary .. If they fail to do so you can file a case in permanent Lok adalat or approach la our forum for relief

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

The PF amount is with the EPF and the unique number you have got may be used in your next employment and the PF outstanding from this employment will be there in the avcount.

The incentive is the management discretion and if the company will give your FNF they may consider payment of this.

As your working period is very short , hope that the probation is complete and a notice period service required to complete.

The full and final will depend on this. Please speak to HR to know the better.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

1) First of all you need to contact the HR department over the phone , by email and if possible by sending a letter by registered mail demanding the arrears to be paid and the PF be processed.

2) If the company refuses to respond and do not settle your dues, you must get a legal notice issued to your former employer and the company as such through a lawyer.

3) In case they are still obstinate you can file a suit for recovery of the amount from the company and lodge complaint with the PF department company about them not depositing the PF amount deducted on your behalf.

S J Mathew
Advocate, Mumbai
3381 Answers
175 Consultations

5.0 on 5.0

Dear friend,

You may get issue a legal notice through local lawyer and the employer will pay the amount if not approach the Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You first write to the top management explaining the situation and request them to settle your dues and this communication should be sent by registered post

If there's no response or they refuse to settle your dues then you can consult a lawyer in local and serve a legal notice to the management demanding your dues as a first step of legal process

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Hello,

claiming the PF is your right and the same can not be denied by the company.

Serve a legal notice upon the company to claim your PF amount.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can send them legal notice for your claim. Not paying the pf money is criminal offence and section 406 is attracted for the same. You can also file complaint to the pf department for the same.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer