How Can I Claim Gratuity and PF After Resigning Due to Health Issues?

Dear Sir,

I resigned from services on 14/03/09 from my organization due to bad health condition. At that time, I was advised to continue for one month as the notice period. However, I could not continue the same. Kindly advise me on how I can receive the gratuity and PF amount without completing the one month of service.

Thank you.

If you were sick and hence couldn't attend to your work, you will have to produce a certificate from a doctor which should state that your health condition needs some rest and you are advised not to undertake any work. This certificate would help you to get relieved from the employment.

Reg. PF, you have to approach the Regional Provident Fund Commissioner after you get your relieving order.

Gratuity will have to be paid by your employer provided you have completed 5 years of service with them.

You can withdraw the PF accumulations by applying in Form-19 and 10C through your ex-employer or through the concerned PF Office. The gratuity will be paid only after 5 years of service completion. In case you have worked in an establishment covered under the Factories Act, you will receive service compensation. If the establishment is covered under the Shops Act, you will get service compensation.

I do not agree with the advice of Mr. S V Krishnan. ‘susi.maha' has left services in March '09 and is no more in the employment. Here employer has no choice but to admit that he/she is no more their employee. I don't think employer will state after more than six months that susi.maha is still their employee. In case employer contradicts, in that case susi.maha is still in employment and can resume duties.
If susi.maha is no more in employment then employer has no legal right to refuse or delay settlement of PF and Gratuity dues and there is no need of any Medical Certificates.

• Susi.maha should only approach employer and demand PF and Gratuity (if eligible). Fill up forms and submit to employer for certification and for forwarding to concerned authorities.
• In case employer delays or refuses to settle PF and Gratuity, simply send a written complaint to Regional PF Commissioner's Office and Labor Inspector (Central / Gratuity). Once these authorities take cognizance of the complaint, employer will come personally to susi.maha's place to apologies and settle the dues.

Thanks & Regards

I can't advise about the gratuity.

Regarding the PF, you can transfer that PF amount to your current employer account so that you can continue with the same account.

Regards,
Kiran

Dear Friend,

Please provide me with the following details, and I will give you a complete and correct answer to your query:

1. Your date of joining the company.
2. Your date of leaving the company.
3. Notice period you are obliged to give as per the terms of your appointment letter.
4. Number of days of earned leave you have in your account.

Thank you,
Vasant Nair

Dear Sir,

I was working in a private company. After 15 years on the job, I have resigned. I have received gratuity amounting to Rs. 150,000. I want to know if it is taxable. Will it be included in my gross salary for income tax calculations?

Regards,
Neerak K

Dear Sir,

I was working in a private company. After 15 years on the job, I have resigned. I have received gratuity amounting to Rs. 150,000. I want to know if it is taxable or not. Will it be included in my gross salary for income tax calculation?

Regards,
Neerak K

Hi, User,

Below is the corrected version of your input:

---

User input: susi.maha

Calculation

1. Your date of joining the Company. (Date of joining - date of leaving = years and 6 months above one year continuous. Basic + D.A / 26 * year * 15 days)
2. Your date of leaving the Company.
3. Notice Period you are obliged to give as per the terms of your Appointment Letter. (Notice Period basic + D.A / 30 * notice days)
4. Number of days of earned leave you have in your account. (Basic + D.A / 26 * Earned leave)

---

I have corrected the spelling, grammar, and formatting errors in your input. Let me know if you need any further assistance.

As far as claiming of PF is concerned Susi has to apply to the RPFC thro the employer concerned. For Graturity also, application is to be submitted to the employer only. If the employer fails/ refuses to pay the Graturity, even after the separated employee is found eligible to receive gratuity, the employee can approach the State Labour Authorities, if the employer is having a operation in only one state. in case the employer, has operation in more than one state, the appropriate authority would be the Central Labour department (i.e. Asst. Labour Commissioner (Central) of that area).