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Non PF Employee

chat2enjoy - Member Since: Jul 2011
Subject - Non PF Employee
Sir,
We are a small organization with 50 staff and not very professional. PF of many of the staff is not being deducted just because they dont like the PF Liability. So they are being paid cash and not recorded in the company a/c.
One of our employee who is 2 years old and not being deducted pf is dismissed from his service . He is also not given any Apointment letter. Now the question is :-

1. Can he legally file any case against us?
2. How can we issue a experience certificate if he demands ?

Plz Help
boss2966 Contributing Member - Member Since: Jun 2011
Subject - Re: Non PF Employee
Dear Chat2enjoy

You have to deduct PF for everyone and add with employer contribution and Admin Charges and same to be deposited with PF Office. Please think in that way that you are doing service for his family too. If an employee died means surely his wife will get some amount in the name of Pension till their life time or till remarriage or till the daughters get married or son get a job or upto 21 years whatever it may be.

You have to issue the experience certificate to terminated employee with all the benefits (Notice Pay, Retrenchment Compensation, Leave pay) and in experience certificate you must mention the reason for release as terminated from service due to _______ (Reason).

Hope you could have kept your record from the employee for asking exemption from deducting PF.

Eventhough your organisation is small enough please start making all the documents and records proper.

All the best
rakkeshyadav - Member Since: Jul 2011
Subject - Non PF Employee
Dear sir, if you have staff with salary above 6500 / then no need to deduct PF,no need to issue any experience latter to said employee before reach final conclusion on your questions i would like to discuses matter in person if you need
thanks
rakkesh Yadav
labour law consultant
9811923933
9458023828
rakkeshyadav@hotmail.com
rakkeshyadav - Member Since: Jul 2011
Subject - Non PF Employee
dear sir
i an advocate practicing labour laws in Delhi NCR area,feel free to contact me for any kind of quarry
tnx
rakkesh yadav
9811923933

 


Topic Categories >> 1 ° experience certificate ° experience latter ° ncr ° retrenchment °

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