Hi, I was associated with a company in Bharuch, Gujarat from 7th Sept 2021 to 21st Dec 2022. Due to my mother's accident I had to abscond the company as there was no such provision of work from home or holding the employment for few months to continue and I had to leave the salary amount of 21 days of December 2023. I joined a new company post this in the month of January 2023 and in the month of July 2024 I received a mail from previous company asking to settle a full & final due amount which I agreed to pay and asked the company for release of my relieving and experience letter. The HR officials were not responding to my continuous follow-ups on a daily basis and at the end I received a reply from HR head on 31st July 2024 stating that "Please wait. We will confirm. Now, don't send any mail till we respond. Thanks for your patience." Since then I am waiting for their response. I am seeking for a legal as per the labour laws to get the necessary documents released and also no issues to be presented to me in PF withdrawal. Kindly advice on the same.
Dear Client, As per your query, to obtain a relieving and experience letter so that you don't face any issues while drawing out your PF, follow these steps as they are demanded under the laws of Indian labour. Issue a legal notice to the company demanding a release of the documents thereby keeping them on an apprised notice that there would be a case presented in court if they violated this process. Refer to your employment contract for proving notice period and exit formalities. File a complaint under Section 12 of the Industrial Disputes Act, 1947, for the documents to be released forthwith. Obtain a PF form 19 and 10C, updated by the company in the EPFO database for PF withdrawal. In case of delay on the part of the company, approach the EPFO office directly or file a complaint through their online website. Make a claim for wages pending as part of full and final settlement where wages are not paid. Feel free to book an appointment for a detailed discussion on the issue.
