Employee Resignation And Final Settlement

I have following queries w.r.t. above, please clarify:
1. Is there any clause in Indian Labour Law which prohibit employees to join a competitor of employer after resignation
2. How should an employee deal with the employer if final settlement and outstanding dues are not cleared by employer even after 3 months of resignation
Regards,
Praveen

Query No (1) -NO such law exists.
query No.(2) - Try to settle it amicably as far as possible through persuation. Otherwise, for the purpose of gartuity, you can file an application before the Controlling authority claimumn your gartuity.For P.F, you can take up the matter with P.F dept stating that you submitted required papaers to your employer and request them to settle your P.f. If you are a workman under I.D Act, you can file an application for recovery of dues under Sec.33-C of teh In dustrial Disputes Act. If you are not a workman you can file acivils uit for declaration of decree in your favour for the dues.
B.Saikumar
HR & labour law advisor
Mumbai