Hello, I left the organization in 2016 after completing 5 years in the company, but I did not claim for gratuity. Now in 2018, can I claim for it? The reason for not claiming was that it was a private mid-sized company which had no benefits apart from the monthly salary. Besides, nowhere in the joining letter had mentioned about the retirement benefits like gratuity. Throughout my entire tenure there, I did not see anyone claiming for gratuity, so I assumed that this company does not pay gratuity.
So my query is, can I claim for it now? And what if the company denies?
From India, Jalalpur
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So my query is, can I claim for it now? And what if the company denies?
From India, Jalalpur
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You can claim it provided the Payment of Gratuity Act is applicable to your establishment. If your establishment was a factory, mine, or plantation, the Act would be applicable without reference to the number of employees working there. However, if it was a commercial establishment not falling under factories, mines, or plantations, then there should be at least 10 employees for the Act to apply.
From India, Kannur
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4768From India, Kannur
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Yes Sir, there are more than 60 employees in the Company.
From India, Jalalpur
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From India, Jalalpur
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Yes Sir, there are more than 60 employees in the Company and it is Private Ltd. Company.
From India, Jalalpur
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From India, Jalalpur
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If there are 60 employees, you can send a request for gratuity. Under the Gratuity Act, it is the responsibility of the employer to pay gratuity to the eligible person, even if the employee who has left has not asked or demanded it. If required, please send a request in the prescribed form, Form I, which is attached.
From India, Kannur
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From India, Kannur
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My brother was also working in a company for 3.5 years. The company had shown gratuity in CTC and was deducting it from the salary. However, after leaving the company, the company has not paid the gratuity, but I received the full and final settlement. Should I claim the gratuity that was shown in the CTC?
From India, Chennai
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From India, Chennai
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf