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Anonymous
Hi,

I have been working in a school funded by the Noida Authority (Government of Uttar Pradesh) since July 2011 as a teacher on a contractual basis through the education society that operates the school. The appointment letter stated that the appointment could be regularized, extended, or terminated after each academic year, and so far, they have been continually extending the contract without regularizing anyone.

The organization was established in 2010, and in my joining year of 2011, there were over 20 employees. However, they began deducting EPF contributions in 2014, three years after I started working there.

I resigned from the organization in June 2018, and I have a couple of questions:

Question 1:
If I withdraw my EPF amount, 10% TDS will be deducted due to the deduction being made for less than 5 years by the employer. Is there a way to reclaim the TDS under any circumstances? Can I request the EPF contributions for the years 2011 to 2014 from the employer?

Question 2:
Given that I have been on a yearly extending contract for the past seven years, am I entitled to receive 'Gratuity' from the employer?

Thanks in advance.

From India, Delhi
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nathrao
3251

Getting back TDS amount depends on your total income year-wise. Were you paying tax? In the year you received PF amount, what was your total income? If there was NO break in service for 5 continuous years, you are entitled to Gratuity.
From India, Pune
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Anonymous
Yes I am paying tax and total income was about 5.5 lacks excluding all deductions.
From India, Delhi
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nathrao
3251

You will have to work out the total income from all sources such as salary, SB interest, FD, etc., and EPF payments received. Then, reduce the Sec 80C amount like PF, insurance, etc. Next, calculate how much tax you have to pay versus how much you have already paid. Finally, determine whether you are due for a refund or not.
From India, Pune
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