I have approach the company for claiming the gratuity. But unfortunately my HR is telling that they are not ready to pay the gratuity as the company started the gratuity only before 4 years on 2011. But i have been woring in this company last 6years. So please confirm how i can convince the company or what action i can take for getting my claim if i am eligible. Please help.
From India, Bangalore
From India, Bangalore
Dear George
Sorry for he delayed response. I would like to draw your attention to Section 7 (1) of the Gratuity Act which is quoted as under:-
'An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer'.
I would recommend you to please raise the Relavant form. If you want , I will forward you a soft copy of the Form I. send a test mail to :-
.
After submission of the subject form , action as per Section 8 has to be initiated by the employer and the employee which is quoted as under:-
8. Notice for payment of gratuity.-
(1) Within fifteen days of the receipt of an application under rule 7 for payment of gratuity, the employer shall-
(i) if the claim is found admissible on verification, issue a notice in Form 'L’ to the
applicant employee, nominee or legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day
after the date of receipt of the application, for payment thereof, or
(ii) if the claim for gratuity is not found admissible, issue a notice in Form 'M' to the applicant employee, nominee or legal heir, as the case may be, specifying the
reasons why the claim for gratuity is not considered admissible. In either case a copy of the notice shall be endorsed to the controlling authority.
(2) In case payment of gratuity is due to be made in the employer's office, the date fixed forthe purpose in the notice in Form 'L' under clause (1) of sub-rule (1) shall be refiexed by the employer, if a written application in this behalf is made by the payee explaining why it is not possible for him to be present in person on the date specified.
(3) If the claimant for gratuity is a nomineeor a legal heir, the employer may ask for such witness or evidence as may be deemed relevant for establishing his identity or maintainability of his claim, as the case may be. In that 'case, the time limit specified for issuance of notices under sub-rule (1) shall be operative with effect from the date such witness or evidence, as the case may be, called for by the employer is furnished to the employer.
(4) A notice in Form 'L' or Form 'M' shall be served on the applicant either by personal service after taking receipt or by registered post with acknowledgement due.
(5) A notice under sub-section (2) of section 7shall in Form ‘L’.
Hope that answers your questions.
From India, Mumbai
21Sorry for he delayed response. I would like to draw your attention to Section 7 (1) of the Gratuity Act which is quoted as under:-
'An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer'.
I would recommend you to please raise the Relavant form. If you want , I will forward you a soft copy of the Form I. send a test mail to :-
After submission of the subject form , action as per Section 8 has to be initiated by the employer and the employee which is quoted as under:-
8. Notice for payment of gratuity.-
(1) Within fifteen days of the receipt of an application under rule 7 for payment of gratuity, the employer shall-
(i) if the claim is found admissible on verification, issue a notice in Form 'L’ to the
applicant employee, nominee or legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day
after the date of receipt of the application, for payment thereof, or
(ii) if the claim for gratuity is not found admissible, issue a notice in Form 'M' to the applicant employee, nominee or legal heir, as the case may be, specifying the
reasons why the claim for gratuity is not considered admissible. In either case a copy of the notice shall be endorsed to the controlling authority.
(2) In case payment of gratuity is due to be made in the employer's office, the date fixed forthe purpose in the notice in Form 'L' under clause (1) of sub-rule (1) shall be refiexed by the employer, if a written application in this behalf is made by the payee explaining why it is not possible for him to be present in person on the date specified.
(3) If the claimant for gratuity is a nomineeor a legal heir, the employer may ask for such witness or evidence as may be deemed relevant for establishing his identity or maintainability of his claim, as the case may be. In that 'case, the time limit specified for issuance of notices under sub-rule (1) shall be operative with effect from the date such witness or evidence, as the case may be, called for by the employer is furnished to the employer.
(4) A notice in Form 'L' or Form 'M' shall be served on the applicant either by personal service after taking receipt or by registered post with acknowledgement due.
(5) A notice under sub-section (2) of section 7shall in Form ‘L’.
Hope that answers your questions.
From India, Mumbai
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