Query regarding PF and gratuity payout
Hello,
I have a query regarding the pay out of my gratuity and Provident Fund. I am detailing the key aspects below for reference:
Start Date of employment: 05 November 2012
Date of Resignation/Last date of employment: 04 December 2017
I was on Leave Without Pay: 01 March – 04 Dec 2017. (279 days or 9 months 4 days). This was not for maternity. It was on account of a family matter.
Other key points:
· Provident fund has not been withdrawn during this entire period.
· Employer has provided a signed and stamped Statement of Service stating the period of service to be 5.08 years. This is because I have been on the Employer’s records/rolls in the periods stated above.
· Employer has said that I am not eligible for gratuity payment. The Employer does not deem my employment to be continuous for 5 years because of the Leave Without Pay.
· Employer has also said my entire PF holding is subject to taxation. I have not withdrawn my PF as yet.
My queries are:
1. Am I eligible for gratuity pay out? Could you please specify the legislative clause(s) for your opinion?
2. Is my PF amount taxable even if it has not been withdrawn for 5 years? Could you please specify the legislative clause(s) for your opinion?
Thanks in advance for the advice.