Navigating Resignation: Can You Join a Competitor and Handle Unpaid Dues?

I have the following queries regarding the above, please clarify:

1. Is there any clause in Indian Labour Law that prohibits employees from joining a competitor of their employer after resignation?

2. How should an employee deal with the employer if the final settlement and outstanding dues are not cleared by the employer even after 3 months of resignation?

Regards,
Praveen

Response to Query No. 1

No such law exists.

Response to Query No. 2

Try to settle it amicably as far as possible through persuasion. Otherwise, for the purpose of gratuity, you can file an application before the Controlling Authority claiming your gratuity. For P.F., you can take up the matter with the P.F. department, stating that you submitted the required papers to your employer and requesting them to settle your P.F. If you are a workman under the I.D. Act, you can file an application for the recovery of dues under Sec. 33-C of the Industrial Disputes Act. If you are not a workman, you can file a civil suit for a declaration of a decree in your favor for the dues.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai