Fixed-term employee wants gratuity after one year
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- What is the problem? Gratuity not paid or underpaid
- Were you a fixed-term (contract) employee? Yes
Where you stand
- In your favour You appear eligible for gratuity on service length.
Papers to gather
- Salary slips showing PF deductions
Proves the employer took your share. Where: HR / email. - EPF passbook and UAN details
Gaps show non-deposit. Where: EPFO member portal / UMANG. - Employer name, establishment code and your dates of joining and leaving
EPFO tracks deposits by establishment. Where: Passbook header, HR letters. - Appointment letter, relieving letter and last salary details
Gratuity is calculated from them. Where: HR. - Written gratuity claim to employer and any reply
Needed before the Controlling Authority. Where: Email / letter.
What the law says
The Code on Social Security, 2020 (in force from 21 November 2025) now covers both. Gratuity is due after 5 years of continuous service (1 year for fixed-term employees), capped at ₹20 lakh, and must be paid within 30 days of becoming due. The EPF wage ceiling was raised to ₹25,000 a month from 17 September 2026.
General information, not legal advice.
Saboot will also ask
- How long did you work there?
- Have you filed a grievance?
Similar situations
- Employer deducted PF but did not deposit it
- PF withdrawal claim rejected
- Old PF account not transferred
- Gratuity not paid after 5 years
- Pension from EPS not started
- Name or date of birth wrong in PF
Sources
- Ministry of Labour and Employment (official site) — Code on Social Security, 2020 in force from 21 Nov 2025
- EPFO grievance portal
The full guide: PF not deposited, PF withdrawal stuck, or gratuity not paid · All situations