Pf exit date noy done by employer
1 week ago
Hi,
I absconded from one company by mutual understanding on march-28-2022 and I didn't informed that I'm joining in another company. But after that they contributed pf money in April 2022 .
In my new employer I got a mail regarding old employer is still active you need to consult the old employer to mark doe.
And after that I consulted my old employer through phone and I asked for my doe but they are rufused to mark my doe on March 28th Or 31st . But I discussed and left the organization on 28th march only. Iasked why they are saying as per our policy you are abconded here so we raised absconding process.so as per our policy and records we will mark your doe on july-01-2022.
I don't know what should do in this case.
If I try to mark my doe it will over lap my current employer because my doj is 1-04-2022.
I have only march payslip which they held and processed my salary in April.
Please suggest me the solution.
And FYI in epfo the exit is in my hands only but it is showing only the April month. It is not reflecting the march month.
I asked to previous employer but they are not accepting my request to update my doe on March month.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
https://clc.gov.in/clc/regional-offices/bangalore#:~:text=1.&text=Shram%20Sadan%2C%203rd%20Main%2C%203rd,Yeswanthpur%2C%20Bangalore%2D560022..
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
*****
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
https://clc.gov.in/clc/regional-offices/bangalore#:~:text=1.&text=Shram%20Sadan%2C%203rd%20Main%2C%203rd,Yeswanthpur%2C%20Bangalore%2D560022..
=======================================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
*****
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A.Dear Client,
From the query, it appears that your previous employer had initiated disciplinary action against you for your unauthorized absence from work and based on the proven misconduct they dismissed you from service on 01/07/2022. Accordingly, your previous employer updated the EPF records mentioning the date of exit as 01/07/2022. An established policy or rules of an establishment cannot be altered for the personal benefit of an employee. You have to approach your previous employer for rectification of EPF Records. In the given situation, to resolve the issue of overlapping in the P F records of both employers, you need to approach the office of Regional P F Commissioner who is the competent authority to resolve any anomaly arising out of date of appointment and date of exit in EPF records. A joint declaration form is used to correct Provident Fund (PF) member details. It is a combined form that the employee and employer jointly sign and submit to the regional PF commissioner to rectify the wrong information entered into the employees’ PF accounts. On facing non-cooperation from your previous employer, a member of EPFOl can file a complaint against them using the EPF i-Grievance Management System (www. https://epfigms.gov.in/). Once you succeed in wiping out the stigma of overlapping or dual employment from your EPF records with the cooperation of your previous and present employer, your employment with the new company will be restored/protected with clean EPF records.
From the query, it appears that your previous employer had initiated disciplinary action against you for your unauthorized absence from work and based on the proven misconduct they dismissed you from service on 01/07/2022. Accordingly, your previous employer updated the EPF records mentioning the date of exit as 01/07/2022. An established policy or rules of an establishment cannot be altered for the personal benefit of an employee. You have to approach your previous employer for rectification of EPF Records. In the given situation, to resolve the issue of overlapping in the P F records of both employers, you need to approach the office of Regional P F Commissioner who is the competent authority to resolve any anomaly arising out of date of appointment and date of exit in EPF records. A joint declaration form is used to correct Provident Fund (PF) member details. It is a combined form that the employee and employer jointly sign and submit to the regional PF commissioner to rectify the wrong information entered into the employees’ PF accounts. On facing non-cooperation from your previous employer, a member of EPFOl can file a complaint against them using the EPF i-Grievance Management System (www. https://epfigms.gov.in/). Once you succeed in wiping out the stigma of overlapping or dual employment from your EPF records with the cooperation of your previous and present employer, your employment with the new company will be restored/protected with clean EPF records.
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A.Dear Client,
Firstly you have breached the contract of employer and employee hence once the due process of resignation is followed only then you would be eligible for the PF. Please get back with your old employer and follow the procedure required by the company or else it would be an issue in all the other places that you would work
Firstly you have breached the contract of employer and employee hence once the due process of resignation is followed only then you would be eligible for the PF. Please get back with your old employer and follow the procedure required by the company or else it would be an issue in all the other places that you would work
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