Struggling to Claim PF and Gratuity After Resignation: Need Guidance on Next Steps

Confusion Regarding PF and Gratuity

I am new to this forum. I am having confusion with respect to PF and gratuity. I was working in a Biotech organization for the past 8 years. I went on maternity leave for 3 months, and after that, I requested 3 more months, which my boss resisted giving. Due to this, I had to resign from my position. After resigning, I continued to serve the company for more than 3 months by working from home and fulfilling my responsibilities.

Now, my boss is not agreeing to sign the PF papers, stating that I should have served a notice period of 1 month. He insists that I come personally to get the PF papers signed by him. I had previously sent the forms through the regional PF office, but he refuses to sign without my personal visit. Additionally, he is withholding the gratuity and not agreeing to release it.

Could you kindly guide me on how to proceed and what steps I should take to obtain my PF and gratuity? Should I fill out a gratuity form and send it to the office to request the gratuity?

I am feeling really confused. Your guidance would be greatly appreciated.

Thanks and regards,

Geetha

Hi Geetha,

Is there any problem meeting him in person? If not, it is better to go to the office and get the PF forms signed by the authorized person of the company.

For gratuity, there is no form to be filled out. As part of the exit formalities, it should be released as part of the Full and Final Settlement (FNF).

Maternity Leave Entitlement in India

Employed women in India are entitled to 12 weeks of leave to be taken during the time immediately preceding and following pregnancy. Therefore, your boss cannot refuse such leave, which is authorized by law as a welfare measure.

Gratuity and Service Completion

You have completed 8 years of service, and gratuity is due to you. The boss cannot refuse this, and if they do, show them the rule and then go to the labor officer of your area. The boss will then pay your rightful dues.

Provident Fund (PF) Process

As far as PF is concerned, visit the company and get the papers signed. Although recently, provisions have been made that the previous employer's signature is no longer mandatory to get PF released.

As a matter of fact, the company cannot force you to resign. Take proper advice and act accordingly to get your rightful dues.

Maternity Leave and PF/Gratuity Claims

As per the Maternity Act, only 12 weeks of leave shall be given. In case your employer is not signing the papers, you should furnish Form 13 (TRANSFER CLAIM FORM) and submit it to your current employer. Alternatively, if you want to claim it, furnish Form 19 and 10C and obtain authorization from your bank manager where you maintain your bank account or from any other gazetted officer. Then, submit it to your EPF office. The EPF authorities will accept this.

Gratuity should be paid within 30 days from the date of exit.

Write or call me for further clarifications.

Regards

Thank you for the reply. Our MD is unhappy with the fact that I have taken 3 months' salary during maternity leave and left the company thereafter. Hence, he wants me to come in person so that he can insult and harass me. I have all email communications in which he states that I needed to come in person to get the signature done. Initially, he insisted on signing only if I served the notice period. Additionally, 1.5 months' salary has not been given to me, and I have suggested to him to consider that as compensation for the notice period, as per company rules.

Upon informing him of my intention to approach the labor court, he sent me a termination letter eight months after I submitted my resignation, citing failure to serve the notice period as the reason for termination. I am reluctant to meet him in person for the signature as I fear further harassment and insults.

I have not received gratuity or PF from the company. I had submitted PF forms without the employer's signature, which were returned by the PF office for the signature. However, he has still not signed them.

Currently, I am not employed and am focusing on my studies, making it difficult to pursue legal action in the labor court due to financial constraints.

I kindly seek guidance on what steps to take next.

To claim your PF, you can even approach the PF enforcement officer or the PF commissioner of your region. Since you have already received your termination letter, it is the responsibility of the company to release your gratuity within 30 days of your termination letter. There is no need to go to the labor court. Even if you approach the labor inspector of the particular region, he will help you get it settled.

Steps to Claim Your Dues

There is no need to spend any money on actions to be taken by you to claim your dues. All relevant forms are available online, which should be downloaded and printed. Filled-in and signed forms should be sent by RPAD to your former boss under due acknowledgment, mentioning clearly "without prejudice to your right to claim dues and compensation as per law," and follow up if not received back within 15 days.

Thereafter, you should meet the concerned Labour office nearest to you and submit your pleas.

If you wish or it is possible, issue a legal notice challenging the refusal of the extension of your maternity leave, non-payment of salary, and the termination itself. Also, you can claim back wages for all these 8 months on the plea that the termination is illegal. You should not mind spending essential fees or expenses, which would be met once you receive all these dues. It's necessary to engage an eminent advocate without further delay, and it's worth spending.