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Husband died now employer not providing PF, gratuity what should we do


29-Sep-2023 (In Labour & Service Law)
My husband retired on June 16 and died IN Aug 16. He did not receive PF , Gratuity from his employer before death. He has some outstanding salary also. Employer not responding to communications sent. What documents court may ask if I go for legal action to prove that I am entitled to claim all his outstanding dues from his employer.
Answers (4)

Answer #1
929 votes
Please take note of following -
1. You need to have the death certificate of your husband issued from the competent authority,
2. You need to send all the concerned organizations intimating them that you have entered into your husband shoes for all the purposes and all your husband dues shall be given to you now,
3. Send them a legal notice if they do not respond to this intimation or do not help you out in resolving the subject,
4. Lastly if this too does not helps you to an extent then you may come before the Judiciary.
Answer #2
627 votes
It is not clear if your husband's employer was a govt agency and if so who.
As the wife you are entitled to all benefits due as per law. You are advised to contact with details so that future action can be planned
Answer #3
560 votes
First send a legal notice asking the employer to make payment of your legitimate dues, after that can approach the court. You have to produce documents related to your husband's employment with the co.,his documents related to retirement and document proving you are the wife and legal heir of deceased and have every right to claim it.
Answer #4
628 votes
As far as gratuity is concerned it is given by the employer at the time of retirement along with the full and final settelement. minimum period for the entitlement of gratuity is atleast 5years worked with the same organisation. But for the pf it can be withdrawn after two months from leaving the job. you may directly contact the pf organisation for non receiving of pf and harassment caused to you by the employer by not filling the pf form. ..

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