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PF / Gratuity Not Paid

Your employer has not deposited your Provident Fund (PF) contributions or is not paying your gratuity after completing 5 years of service.

Do this now
  1. 01Check your PF balance and contribution history on EPFO portal (epfindia.gov.in)
  2. 02File a complaint on EPFiGMS portal — epfigms.gov.in
  3. 03Send a written demand letter to the employer for PF and gratuity
  4. 04File a complaint with the PF Commissioner (Regional PF Office)
  5. 05For gratuity, file Form N (application for direction) with the Controlling Authority
  6. 06If employer still does not pay, file a criminal complaint for non-deposit of PF
  7. 07Approach the Labour Court if PF Commissioner does not resolve
Evidence to collect
  1. Salary slips showing PF deduction
  2. Bank statements showing salary credits
  3. EPFO passbook showing non-deposit months
  4. Appointment letter showing PF applicability
  5. Form 26AS / Annual PF statement
  6. Employment contract / offer letter
  7. Service certificate showing length of service
Documents you need
  1. Complaint to PF Commissioner
  2. EPFO passbook / UAN details
  3. Salary slips and bank statements
  4. Appointment letter
  5. Form N (for gratuity claim)
  6. ID proof (Aadhaar/PAN)
Where to complain
  1. EPFO Portal — epfigms.gov.in (online grievance)
  2. Regional PF Commissioner — Section 7A proceedings
  3. Controlling Authority — For gratuity (usually Labour Commissioner)
  4. Labour Court — For disputed claims
  5. SHRAM Portal — shramsuvidha.gov.in
  6. Police — Criminal complaint for non-deposit of PF
Laws that apply
  1. Employees' Provident Funds Act — Section 14B (Recovery of damages for non-deposit)
  2. Employees' Provident Funds Act — Section 7A (Determination of dues)
  3. Payment of Gratuity Act — Section 4 (Payment of gratuity)
  4. Payment of Gratuity Act — Section 8 (Recovery of gratuity)
  5. Code on Social Security — Chapter III (Provident Fund)
Understanding the issue

Employees' Provident Fund (EPF) is mandatory for establishments with 20+ employees. The employer must deposit 12% of basic salary as PF contribution. Gratuity is payable after 5 years of continuous service under the Payment of Gratuity Act (calculated as 15 days' wages for each completed year). Non-deposit of PF is a criminal offence punishable with imprisonment. EPFO can recover dues from the employer including damages.

When to see a lawyer

Consult a lawyer if the employer disputes the PF or gratuity claim, if the amount is large, or if the PF Commissioner is not acting on your complaint.