Frequently Asked Legal Questions and Answers › Category: Employment / Labour Law › Facing Unpaid Salaries and EPF Issues After Leaving Job: Need Legal Advice

Sudhir Athekkattil asked 3 years ago

I am a resident in Malappuram District, Kerala. I had been working in a company (company details can be shared a little later, I think) in Chennai since 2009. From August 2016 not only the payment of our salaries got halted nor we were relieved. Instead, we were told that it was a matter of a few more days to settle everything and something big (some big projects) was coming. As the management was clever enough to lure us and our EPF and other benefits were with them we had no choice.

Finally in 2018 employees started to abdicate and I also left the office in May 2019. As we were blindfolded we were at a huge loss. After leaving the company I sent a letter to the office numerous times to settle everything, especially authorizing the KYC details of my EPF. Neither they did that nor they replied to my requests. Finally, I wrote to the authorities explaining my difficulties. They also sent notices them but all in vain. As the office has not issued a relieving letter I am unable to apply for any other jobs. I have a huge financial burden as I had taken housing loans, credit card dues, personal loans, etc. I need Advocate Advice for these issues.

Seeking Legal Resolution for Employment Issues

Introduction

Navigating employment-related problems can be challenging, especially when your financial well-being is at stake. In this article, we will explore the situation you've described and outline the steps you can take to address your concerns.

Understanding Your Situation

You have been facing significant employment issues since August 2016, including halted salaries, unfulfilled promises, and a lack of relieving documents. These challenges have left you in a precarious financial situation.

Legal Recourse for Employment Issues

Unpaid Salaries and Dues

Your first concern is the unpaid salaries and dues that have accumulated over the years. This is a serious matter, and you have the right to claim the money owed to you. Here are steps you can take:

Consult an Employment Lawyer: Seek legal advice from an employment lawyer who can guide you through the process of claiming your unpaid salaries and benefits.
Gather Evidence: Collect all relevant documents, such as employment contracts, pay slips, and communication with the company, to support your claim.
File a Complaint: If the company refuses to cooperate, you may need to file a formal complaint with labor authorities or a labor court to enforce your rights.

EPF and KYC Details

Your EPF (Employee Provident Fund) is crucial for your financial security. If the company has not authorized your KYC (Know Your Customer) details, you must address this issue promptly:

Contact EPFO: Reach out to the Employees' Provident Fund Organization (EPFO) to explain your situation and request assistance in updating your KYC details.
Legal Assistance: If necessary, consult with a lawyer who specializes in EPF matters to ensure the protection of your rights.

Relieving Letter

A relieving letter is essential for future job applications. Without it, your career prospects may be hindered. Here's what you can do:

Request a Relieving Letter: Write to your former employer formally requesting a relieving letter. Keep a record of all communication.
Legal Action: If they continue to withhold the relieving letter, consult a lawyer who can take legal action to compel them to provide it.

Addressing Financial Burden

Debt Management

Managing your financial obligations, including housing loans, credit card dues, and personal loans, is crucial during this period. Consider the following:

Financial Counseling: Seek advice from a financial counselor or advisor to develop a plan for debt management and repayment.
Negotiation: If possible, negotiate with creditors to adjust payment terms or settlements based on your current financial situation.

Conclusion

Facing employment-related issues and financial burdens can be overwhelming, but seeking legal assistance and financial guidance can help you navigate these challenges. Remember, you have rights as an employee. Firstly, it's essential to assert them to secure your financial stability and future job prospects. Consult with a qualified employment lawyer to discuss your specific case and explore the best course of action.