Employee Provident Fund Claim India
Resolving EPF contribution disputes, withdrawal delays and tribunal proceedings
AMLEGALS advises on employee provident fund claim india — resolving epf contribution disputes, withdrawal delays and tribunal proceedings.
The issues that decide the outcome
Employment law in India is undergoing a structural transition with the four Labour Codes — the Code on Wages 2019, the Industrial Relations Code 2020 (IR Code), the Code on Social Security 2020 (SS Code) and the Occupational Safety, Health and Working Conditions Code 2020 (OSH Code) — in force from 21 November 2025. The IR Code consolidates the Industrial Disputes Act 1947, the Trade Unions Act 1926 and the Industrial Employment (Standing Orders) Act 1946. It raises the retrenchment permission threshold from 100 to 300 workers, introduces fixed term employment as a statutory category, mandates a negotiating council where multiple unions exist and creates a two-member Industrial Tribunal structure replacing the Labour Court distinction.
Key employment disputes span wrongful termination (Section 77 IR Code), retrenchment without compliance (Section 72 — 90 days' notice, government permission for establishments with 300+ workers, compensation at 15 days' wages per completed year), gratuity claims under the Payment of Gratuity Act 1972 (5 years' qualifying service, maximum Rs 25 lakh), workplace sexual harassment complaints under the POSH Act 2013 (Internal and Local Complaints Committees), EPF disputes under the EPF & MP Act 1952, workmen compensation under the Employees' Compensation Act 1923, non-compete and restrictive covenant enforceability under Section 27 of the Indian Contract Act 1872, and ESOP vesting and taxation disputes under SEBI and income tax frameworks.
How AMLEGALS acts
Wrongful termination and retrenchment
Challenging illegal terminations and advising on retrenchment procedures, IR Code compliance and compensation calculation.
POSH compliance and complaints
Advising on Internal Complaints Committee constitution, investigation procedures, employer obligations and penalty exposure under the POSH Act 2013.
Gratuity and social security claims
Filing and defending gratuity claims, EPF disputes and social security entitlements under the relevant Codes and Acts.
Standing orders and employment policy
Drafting, certifying and amending standing orders, employment contracts and workplace policies under the IR Code.
Non-compete and restrictive covenants
Advising on the enforceability of non-compete clauses, garden leave provisions and confidentiality obligations.
Gig worker and platform economy advisory
Advising gig workers and aggregators on social security entitlements, worker classification and SS Code compliance.
Frequently asked questions
01Is retrenchment permission required under the IR Code?
Yes, for establishments employing 300 or more workers on any day in the preceding 12 months. The employer must apply to the appropriate Government for permission 90 days before the intended retrenchment date, along with retrenchment compensation at 15 days' average pay for every completed year of continuous service. For establishments below the 300-worker threshold, the employer must give 30 days' notice or pay in lieu and pay the prescribed compensation, but prior government permission is not required.
02What is the gratuity entitlement in India?
Under the Payment of Gratuity Act 1972, an employee who has completed five years of continuous service is entitled to gratuity at the rate of 15 days' wages for each completed year of service (or part thereof exceeding six months), subject to a maximum of Rs 25 lakh. In the case of death or disablement, the five-year qualification is waived. Gratuity is payable within 30 days of it becoming due; delayed payment attracts interest at the rate notified by the Government.
03Is a non-compete clause enforceable in India?
Section 27 of the Indian Contract Act 1872 renders void any agreement in restraint of trade, with the sole exception of goodwill sale restrictions. Post-employment non-compete clauses are therefore generally unenforceable. However, courts have upheld: (a) non-compete restrictions during employment; (b) non-solicitation clauses with reasonable scope and duration; (c) garden leave provisions where the employer continues salary during the restriction period; and (d) confidentiality and trade secret protection obligations that do not amount to a blanket restraint of trade.
04What are the employer's obligations under the POSH Act?
Every employer with 10 or more employees must constitute an Internal Complaints Committee, display information about the penal consequences of sexual harassment, organise awareness workshops, provide a safe working environment, assist in filing complaints if requested by the aggrieved woman, and treat sexual harassment as misconduct under standing orders. Failure to constitute an ICC or comply with the Act attracts a penalty of up to Rs 50,000, and repeated non-compliance can result in cancellation of the business licence.
05Does an initial discussion create a lawyer-client relationship?
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
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