Dear Sir,
I worked in a private company for a period of 8 years between 2006 and 2015. I have not claimed gratuity within 30 days of leaving the organization. I just realized that the company is bound to pay gratuity for a person who has served more than 5 years in an organization. Am I still allowed to claim my gratuity from my ex-employer?
Best Regards
From India, New Delhi
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I worked in a private company for a period of 8 years between 2006 and 2015. I have not claimed gratuity within 30 days of leaving the organization. I just realized that the company is bound to pay gratuity for a person who has served more than 5 years in an organization. Am I still allowed to claim my gratuity from my ex-employer?
Best Regards
From India, New Delhi
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Hi,
Yes, you can represent yourself to your employer and claim gratuity. However, you should provide a proper reason for the delay in applying for gratuity.
"An employer cannot reject an application by the employee after the expiry of 30 days if the delay occurred due to a valid reason. The rules further clarify that no claim for gratuity shall be invalid merely because the claimant has not filed their application within the specified period."
From India, Madras
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1153Yes, you can represent yourself to your employer and claim gratuity. However, you should provide a proper reason for the delay in applying for gratuity.
"An employer cannot reject an application by the employee after the expiry of 30 days if the delay occurred due to a valid reason. The rules further clarify that no claim for gratuity shall be invalid merely because the claimant has not filed their application within the specified period."
From India, Madras
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The employer should disburse his/her employees' gratuity within 30 days from the date when it becomes applicable. In practice, gratuity is often paid at the time of disassociation from the company, i.e., full and final settlement. Whether the employee has claimed or not is immaterial.
In case the employer is dilly-dallying the gratuity claim, the employee can claim his/her gratuity in Form I, marking a copy to the Controlling Authority.
From India, Kolkata
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In case the employer is dilly-dallying the gratuity claim, the employee can claim his/her gratuity in Form I, marking a copy to the Controlling Authority.
From India, Kolkata
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It is the duty of the employer to pay gratuity within the stipulated time if an employee fails to claim the same. The employer should calculate and give notice in writing to the person entitled to payment and also to the controlling authority (and deposit the same with the controlling authority). Timely disbursement of gratuity is the employer's liability. No claim for gratuity shall be invalid merely because the claimant failed to present an application on the stipulated time. The claimant should file an application for the payment later, also with a proper cause of delay in accordance with the provisions of Section 7 of the Payment of Gratuity Act 1972.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
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Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
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You can go through my article "Limitation under the Payment of Gratuity Act, 1972 for claiming gratuity". The article will answer all your issues.
Thanks,
S. Sensharma
Industrial Law & HR Consultant, Meerut
From India, undefined
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Thanks,
S. Sensharma
Industrial Law & HR Consultant, Meerut
From India, undefined
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In addition to the information above, you may approach the controlling authority under the Payment of Gratuity Act of the State Government in which state your company is located if your private company does not have branches in more than one state. If your company has branches in more than one state, you need to approach the Assistant Labour Commissioner (Central)/ Regional Labour Commissioner (Central) of the Central Labour Department, as ALC/RLC are declared as the Controlling Authority under the Payment of Gratuity Act. The issue of delay will be decided by the said controlling authority upon the submission of facts by both parties.
From India, Pune
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From India, Pune
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One of my employees has joined on 01/04/2010. His date of birth is 01/06/1956, and he completed 60 years of age on 31/05/2016. His last pay was 25,000/-. He resigned on 31/10/2019, completing 9 years and 10 months of service. How do I calculate his gratuity?
From India, Mumbai
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From India, Mumbai
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One of my employees joined on 01/09/2015. His date of birth (DOB) is 15/09/1957. He completed 60 years of age on 14/09/2017. His last pay was 35,000/-. He resigned on 31/10/2019 after completing 4 years and 1 month of service. How do we calculate his gratuity?
From India, Mumbai
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From India, Mumbai
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Can an employee get gratuity only once in a whole career? For example, if I work in a company for 8 years and upon resigning, I receive my gratuity. Then, if I join a new company and upon leaving that company, my gratuity amount from the previous company is deducted by the employer before releasing the balance. Is there any rule in the gratuity act regarding this situation?
From India, Ghaziabad
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From India, Ghaziabad
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf