Gratuity not paid after 5 years
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
- How long did you work there? 5 years or more
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
- Have you filed a grievance?
Similar situations
- Employer deducted PF but did not deposit it
- PF withdrawal claim rejected
- Old PF account not transferred
- Pension from EPS not started
- Fixed-term employee wants gratuity after one year
- 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