Am I Entitled to Gratuity and Provident Fund After Leaving My Job? Seeking Advice on Unsettled Dues

Dear,

Please note that I used to work with a Mumbai-based company and was posted in the New Delhi office in Marketing with a date of joining in August 2001. I left the organization in January 2006.

So, please confirm if I am entitled to Gratuity as I have completed 5 years with the company (shown on the salary slip).

The company has not settled the dues like Bonus and other salary dues, and also has not sent the P.F. form for the withdrawal of the Provident Fund. Please share what can be done in the above cases.

Since I joined a competitor company 2 years back, they now say that all the above is on hold by the management.

Await response.
Ajay

Dear Mr. Ajay,

Gratuity will be eligible if you have rendered service for 5 years. If your appointment letter states that you should not join a competitor's company within a stipulated period, and if your previous company's management becomes aware that you are employed in a competitor's company, they may choose to withhold your dues. This is not a correct practice. You can file Form 13 for your PF transfer and present your case to your company in a polite manner to settle your dues.

With regards, L. Kumar

Dear Mr. L Kumar,

The question is, will they pay me the gratuity and the bonus at this stage? I have left the job for 2 years, and they have not sent any form or communication to me.

My gross salary was 17,600 at the time of leaving, with a basic of 13,800. What will be the gratuity?

Thank you.

Dear sender,

You can approach your previous company for your settlement. If you have worked for 5 years continuously, then they may give gratuity. Bonus they may pay against a written application from you. It is purely left with your previous company only.

Regards,

L. Kumar