How Can I Recover My Unpaid Salary, PF, and Gratuity from My Former Employer?

Sir, I was working for a Mumbai-based construction company in Delhi since October 2009. I resigned from the company in October 2016 by providing one month's notice as per the company's rules and regulations. The company issued me a No Objection Certificate (NOC) subsequently. While the company deducted provident fund and gratuity from my salary for the entire period, as reflected in my salary slip, they failed to deposit the PF amount into my EPFO account for the period from October 2014 to October 2016. Additionally, the company has not yet released my gratuity. Furthermore, they have not paid my salaries for September and October 2016. Despite numerous reminders sent via email and post, I have not received any response from the company. Kindly advise me on how to proceed to recover my PF, gratuity, and outstanding salaries from the company.

Regards, Amit

Dear Amit, what has happened to you is unfortunate. We will suggest a remedy; however, first confirm whether you have been issued a service-cum-employment certificate. Not depositing the PF is illegal. Therefore, you may approach the PF office in your area and file a formal complaint. Bring a copy of your salary slip and all other evidence of your employment with the company.

For non-payment of gratuity and salary, you may approach the labor officer in your area and file a formal complaint. Bring a copy of your salary slip and all other evidence of your employment with the company.

Thanks,
Dinesh Divekar

Please clarify your statement about the company deducting Provident Fund and Gratuity from my salary for the entire period. Gratuity is paid by the employer based on your length of service and the last drawn Basic+DA+VDA.

Submit your gratuity claim to your employer. If you do not receive payment, approach the Controlling Authority or Assistant Labour Commissioner. You are entitled to receive interest at a rate of 12% for delayed payment of gratuity.