Overview
Provident fund and gratuity enjoy some of the strongest protection in Indian law — and are still routinely denied. Classic violations: PF deducted from salary but never deposited (a criminal offence by the employer), gratuity unpaid after 5 years of service or paid without the mandatory interest for delay, ESI benefits blocked, and pension (EPS) claims stuck in paperwork. The EPFO and the Controlling Authority under the Gratuity Act have real enforcement teeth — recovery proceedings, interest, damages up to 100% on the employer — once a properly framed claim reaches them.
Key Provisions — EPF Act + Payment of Gratuity Act, 1952 / 1972
- PF deducted but not deposited is a criminal default; EPFO recovers with interest and damages up to 100% of arrears.
- Gratuity: 15 days' wages per completed year after 5 years' service (continuity survives most breaks); payable within 30 days of exit with interest thereafter.
- Gratuity claims go to the Controlling Authority — a fast, dedicated forum with appeal rights.
- PF/EPS withdrawal and transfer grievances run through EPFO's grievance machinery, escalatable to the RPFC.
What You Can Get
How We Handle It
Service & Contribution Audit
Passbook, salary slips, and service records — what's owed and what was defaulted.
Statutory Application
Form-I gratuity claim / EPFO grievance filed correctly the first time.
Authority Proceedings
Representation before the Controlling Authority / RPFC; employer objections answered.
Recovery
Orders enforced — including revenue-recovery against defaulting employers.
Frequently Asked Questions
My company deducted PF from salary but the passbook shows nothing — what do I do?
That is a criminal default. An EPFO complaint (with salary slips as proof of deduction) triggers recovery with interest and damages; the employer, not you, bears the loss.
I worked 4 years 8 months — no gratuity, they say 5 years needed?
4 years + 240 days in the fifth year counts as five per settled case law. File before the Controlling Authority; many employers pay on notice once this is cited.
Legal Connect connects you with independent employment-law advocates; we are not a law firm and this page is general information, not legal advice. Your enquiry stays confidential — your employer is never contacted without your instruction.