[Resolved]  Adecco Flexione Workforce Solutions Ltd. — Complaint against illegally withholding the Provident Fund

Date: 21/07/2009

To,

The Addl. Central Provident Fund Commissioner
(North Zone),
Bhavishya Nidhi Bhawan,
8 th Floor, 28, Community Centre,
Wazirpur Industrial Area,
Delhi-110052.
E-Mail: acc.[protected]@epfindia.gov.in

From
SANDEEP CHOPRA
1038, Secto 4B, Vasundhara,
Ghaziabad - 201012

Sub: Complaint against Adecco Flexione Workforce Solutions Limited and its officers in charge for illegally withholding the Provident Fund (PF No. KN/BN/34272/74358)

Respected Sir,

1. I Sandeep Chopra S/o Sh. Subhash Chander Chopra was employee of Adecco Flexione Workforce Solutions Limited having its registered office at Adecco India, Sai Deep, Sri Nidhi No. 2, Nal Wind Tunnel Road, Murgeshpalya, Bangalore – 560017, India. I was working in the branch office at 1st Floor, 39/A Pusa Road, Karol Bagh Delhi – 110005. From 17th April, 2006. I joined at the level of Accounts Executive and was assigned employee code FWS0654. A copy of letter of appointment and the salary breakup is annexed as Annexure 1.

2. I served the organisation with my best efforts and zeal. But due to some personal and official problems I was constrained to resign from the job. I worked in Adecco Flexione Workforce Solutions Ltd. around Two years & Six Month and resigned from my post in month of August, 2008 after giving due intimation, handling all the files/cases, following proper procedure and after taking consent of my reporting officer Mrs. Shashi Singh, Asst. Manager Commercial at Delhi Branch.

3. As per the terms and conditions of the employment contribution has to be made to provident fund both by employer and the employee. Adecco Flexione Workforce Solutions Ltd. has regularly deducted contribution to provident fund from my monthly salary during the term of my employment with them.

4. After resigning from my services I submitted my PF & Separation forms & to Ms. Pratibha Singh, HR department of Adecco Flexione Workforce Solutions Limited to provide necessary documents, appropriate forms and statement of contribution to provident fund account made by company and me, to enable me to withdraw the amount standing in my provident fund account. But I was informed that the provident fund cannot be released to me before payment of recovery against Full & Final Settlement in the organisation. When I told her that provident fund cannot be encumbered or stopped like this, it was informed to me that this is the only procedure and practice company follows. A copy of receiving of PF form is attached herein as Annexure 2.

5. Thereafter I contacted Mr. Kush Bhargava, Head HR of Adecco Flexione Workforce Solutions Ltd. for releasing my provident fund but he gave no heed to my requests and asked me to wait for sometime.

6. While I as waiting for any positive communication, I was shocked to receive demand through e-mail dated 6th May, 2009 wherein a arbitrary, illegal and unjustified demand of Rs. 3, 251/- was made from me on pretext of full and final settlement. It is pertinent to point out that in the said demand mail no reason whatsoever have been assigned to support the said demand attached herein as Annexure 3.

7. In reply to mail dated 6th May, 2009, I replied vide letter dated 11th May 2009. In said mail It was brought to the knowledge of the Adecco Flexione Workforce Solutions Ltd. that I have been following up of my Provident Fund from the last couple of weeks but still the matter is pending from your side. Any employee cannot be encumbered and made subject to charge as per the provisions of Section 10 of the Employees Provident Fund and Miscellaneous Provisions Act and employer is liable to release the provident fund documents/forms irrespective of any dispute or demand against an employee. A copy of the said reply letter dated 11th May 2009 is attached herein as Annexure 4.

8. Adecco Flexione Workforce Solutions Ltd. replied to the aforesaid reply vide their letter dated 11th May, 2009. Once again the Adecco Flexione Workforce Solutions Ltd. giving reasons for alleged demand of Rs. 3, 251 against recovery of Full & Final Settlement. A copy of the demand mail dated 11th May 2009 is attached herein as Annexure 5.

9. That being aggrieved from the malpractices of Adecco Flexione Workforce Solutions Ltd. and after failure to resolve the matter through various correspondences, I am constrained to approach your goodself for redressal of my grievances.

I pray before your goodself to take cognizance of the said matter as per law and take appropriate actions against Adecco Flexione Workforce Solutions Ltd. and the officers in charge and issue necessary directions for release of my provident fund and pass any other order as it may deem fit in facts and circumstances.
For this act of kindness the applicant herein shall ever pray.

Yours faithfully,


SANDEEP CHOPRA



Cc to:

1. ADECCO FLEXIONE WORKFORCE SOLUTIONS LTD.
Registered office: Adecco India, Sai Deep, Sri Nidhi No. 2, Nal Wind Tunnel Road, Murgeshpalya, Bangalore – 560017, Ph No.[protected]
Fax No.[protected]


INDEX



S.NO. PARTICULARS PAGE NO.

1. Complaint
1
2. Copy of letter of appointment and the salary breakup is annexed as Annexure 1.
5-10
3. Copy of the receiving of PF Form is attached herein as Annexure 2.
11-14
4. Copy of the demand mail of Rs. 3, 251 dated 6th May, 2009 is attached herein as Annexure 3.
15-16
5. Copy of the said reply mail dated 11th May 2009 is attached herein as Annexure 4.
17
6. Copy of the demand mail dated 11th May, 2009 is attached herein as Annexure 5.
18



Filed by:

SANDEEP CHOPRA
1038, Sector 4B,
Vasundhara Ghaziabad - 201012
Ph. No. - [protected]












ADDRESS SHEET OF RESPONDENTS



1. Adecco Flexione Workforce Solutions Ltd.
Registered office: Adecco India, Sai Deep, Sri Nidhi No. 2, Nal Wind Tunnel Road, Murgeshpalya, Bangalore – 560017, India



Branch Office:


2. Mr. Ramaswamy Balan
Ms. Pratibha Singh – Human Resources
1st Floor, 39/A Pusa Road,
Karol Bagh, Delhi – 110005, India