Sirs, I worked for a Pvt ltd company for 15 years. I resigned 2 years back and now my age is 55,

While working with company I am also done insurance work/agency and several company insurance policies are under -taken under my agency and earned commission.

After resigning, the company HR noticed and not settled my dues like PF /Gratuity and etc .

My question to experts can pvt ltd company make a case on me for recovery of commission earned, even after resignation and that too after one or two years ?

Are they hold on me , can they sue me ? I understood from HR team that settlement amount will be set -off against commission earned, also under stood for difference amount they make a case and claim from in the court. Our Gratuity amount will be settle by Insurance Trust. I want to with draw PF amount.

Give me legal information to proceed and get money. Now Service benefit amount is required for daughter marriage.

From India, Bangalore
Dear Client, please remember in case the company which you have worked is also engaged in the same insurance business where due to your agency the company has lost the clients and thereby commission, the company have every right to make through investigation and arrive at the factual loss and it may sue you for the damage you have caused to the company, as per the limitation act the time limit for recovering such monies is 5 years, in addition to this the company may also sue you on the charges of MIS TRUST and mis conduct, and mis utilization of official capacity in which you have worked. Now your claims are 1, you salary settlement 2, your pf amount 3, your gratuity amount, wherein salary being in the hands of the company they can hold it and issue you a show cause notice. secondly the PF and gratuity amounts, these are not in the hands of the company and these amounts will be deposited in the concern PF office and in a trust. you may make an attempt in submitting your with drawl claim in PF office obtaining the signature from your employer or any other official as listed in the rules.

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From India, Hyderabad
why they will recover commission from you now.If they have any objection that you are doing some other business they can take
action that time only.who are they to recover or adjust this amount from your salary or full and final settlement.
For graduity--deupty labour commissioner is authority .you should file a case for recovery of the same
for provident fund-you directly deposit the withdrawl form with Regional fund commissioner and writhe a letter to them that employer is harrasing and noy signing your withdrawl form.authorities will make arrangement for withdrawl

From India , Delhi
Dear Client
1.It would be breach of trust in case if you have signed any undertaking for not involing in any other employment/Work.Pls verify your appointment letter for such clause.If yes they can hold the settlements.
2.they can put case on you for recovery if the company has suffered any loss because of your agency.
3.Setting off is not possible without courts intervention against settlement.
4.You can get your PF settled by getting the withdrawel forms signed by your bank manager/Gazated officer
5.In case if you wish to you may approach the chief inspector of labour and give him a writen complaint .

From United States, San Francisco
As in another case employer has denying to pay Gratuity even if employee has worked 7 years,e'r
is saying in your CTC we have not deducted gratuity it means we have paid gratuity in salary.Threrefore
there no question to give you gratuity. But in CTC details there is not shown in CTC breakup.Please guide me which kind of way to gate gratuity.

From India,

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