Hi,
My previous employer has paid me less gratuity than due. Also, they delayed my gratuity by 7 months and should have paid me 5% interest on the same as per the Gratuity Act.
How can I get difference from them?
From India, Pune
My previous employer has paid me less gratuity than due. Also, they delayed my gratuity by 7 months and should have paid me 5% interest on the same as per the Gratuity Act.
How can I get difference from them?
From India, Pune
Dear IW,
How can you say that they have paid you less gratuity than your entitlement. Please give us a figure or reasoning as to how they have paid you less. although if you are sure that they have paid you less please contact your nearest labour commissioner as they are authority under gratuity act and they will help you in getting your rightful amount.
From India, New Delhi
314How can you say that they have paid you less gratuity than your entitlement. Please give us a figure or reasoning as to how they have paid you less. although if you are sure that they have paid you less please contact your nearest labour commissioner as they are authority under gratuity act and they will help you in getting your rightful amount.
From India, New Delhi
please check and evaluate the amount of gratuity being paid to you, before approaching Lbr Comm office.
If they have delayed , and not paid within 30 days from the day it becomes payable, then as sec7(3a) of gratuity act states , you are eligible for 12% S.I per annum
check whether they have deducted any sum on unethical grounds--refer sec 4(6a) of gratuity act..
From India, Calcutta
If they have delayed , and not paid within 30 days from the day it becomes payable, then as sec7(3a) of gratuity act states , you are eligible for 12% S.I per annum
check whether they have deducted any sum on unethical grounds--refer sec 4(6a) of gratuity act..
From India, Calcutta
Thank you Mr. Tyagi and My. Mukherjee.
The lower amount is because:
a. I worked there for 7.2 years and they are calculating for only 7 years
b. They have delayed the payment by 6 months and are not adding the interest.
In these circumstances is there anything I can do?
From India, Pune
The lower amount is because:
a. I worked there for 7.2 years and they are calculating for only 7 years
b. They have delayed the payment by 6 months and are not adding the interest.
In these circumstances is there anything I can do?
From India, Pune
Dear IW,
As far as the calculation part is concerned they have calculated rightly. As any period less than 6 months is not considered for calculation of gratuity and any period above 6 months is considered as full year.
Now on interest part yes they should have given you interest for the late payment of gratuity amount and you can claim the same by going to the Local Labour Commissioner's Office if they deny the same to you.
From India, New Delhi
As far as the calculation part is concerned they have calculated rightly. As any period less than 6 months is not considered for calculation of gratuity and any period above 6 months is considered as full year.
Now on interest part yes they should have given you interest for the late payment of gratuity amount and you can claim the same by going to the Local Labour Commissioner's Office if they deny the same to you.
From India, New Delhi
Gratuity is payable for each year of compleated services and any part thereof.For the purpose of said calculation,any period less than 6 months are ignored and any period in excess of six-months is considered as full year.It is payable within 30 days from its due date,failing which interest is payable at the prescribed by the Central Govt. by notification in the Official Gazette.Presently, the said rate of interest is 10%p.a.
In the instant case, if the delay in releasing the gratuity was due to fault on the part of the employer, then they will be liable to pay simple interest @10% on the Principal amount from the due date till the date of actual payment.In case , they do not pay, lodge a complaint before the concerned ALC & C.A. as per the procedure laid down in the Payment of Gratuity Act to be read with the Rules thereof.
From India, Delhi
In the instant case, if the delay in releasing the gratuity was due to fault on the part of the employer, then they will be liable to pay simple interest @10% on the Principal amount from the due date till the date of actual payment.In case , they do not pay, lodge a complaint before the concerned ALC & C.A. as per the procedure laid down in the Payment of Gratuity Act to be read with the Rules thereof.
From India, Delhi
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