Hello Mr. Shyam Agrawal,
My company wants more time to decide on my eligibility. When I got back to them about an estimated time, they are not ready to commit to any timeline. My PF was credited only last month (it's 8 months since I quit). Now I am not sure if there is a timeline within which the company should pay or I should claim. Please advise as to where I need to claim the amount? My Employer or deputy commissioner of labor authority?
Any tips are greatly appreciated.
Thank you,
Anu
From India, Bangalore
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1My company wants more time to decide on my eligibility. When I got back to them about an estimated time, they are not ready to commit to any timeline. My PF was credited only last month (it's 8 months since I quit). Now I am not sure if there is a timeline within which the company should pay or I should claim. Please advise as to where I need to claim the amount? My Employer or deputy commissioner of labor authority?
Any tips are greatly appreciated.
Thank you,
Anu
From India, Bangalore
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Dear Anurao,
Gratuity is payable to you by your former employer. Therefore, please lodge a claim with your former employer for the payment of gratuity in the prescribed form, which you can find in the printed book of the Payment of Gratuity Act, 1972. You can also download it from the website. If you cannot lay hands on it, please revert to me. My personal email ID is shyaam.agrawal@gmail.com. You may make use of this ID and contact me. The time limit for the payment of gratuity by the former employer is 30 days from the date of receipt of the application from the former employee. Luckily, there is no time limit for the employee to file the application. Ordinarily, the employee is expected to file his claim for the payment of gratuity within the last week of his/her service and get the payment on the date of his exit from the employer firm. However, the employer can delay the payment up to 30 days. After this period of 30 days, the employer is bound to pay interest to the former employee on the total amount of gratuity payable. If the interest is not paid simultaneously, the employee can demand it separately. The rate of interest is as decided by the Commissioner of Labour who has the powers of the appellate authority. The Commissioner of Labour comes into the picture only after the employee fails to settle his claims amicably and files a complaint against his former employer and not otherwise. For lodging a complaint, an employee must have something in his hand, e.g., proof that his rightful dues have been denied by the employer. To have this, he must first lodge a claim for his dues.
Thanks and regards,
Shyam Agrawal
From India, Pune
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Gratuity is payable to you by your former employer. Therefore, please lodge a claim with your former employer for the payment of gratuity in the prescribed form, which you can find in the printed book of the Payment of Gratuity Act, 1972. You can also download it from the website. If you cannot lay hands on it, please revert to me. My personal email ID is shyaam.agrawal@gmail.com. You may make use of this ID and contact me. The time limit for the payment of gratuity by the former employer is 30 days from the date of receipt of the application from the former employee. Luckily, there is no time limit for the employee to file the application. Ordinarily, the employee is expected to file his claim for the payment of gratuity within the last week of his/her service and get the payment on the date of his exit from the employer firm. However, the employer can delay the payment up to 30 days. After this period of 30 days, the employer is bound to pay interest to the former employee on the total amount of gratuity payable. If the interest is not paid simultaneously, the employee can demand it separately. The rate of interest is as decided by the Commissioner of Labour who has the powers of the appellate authority. The Commissioner of Labour comes into the picture only after the employee fails to settle his claims amicably and files a complaint against his former employer and not otherwise. For lodging a complaint, an employee must have something in his hand, e.g., proof that his rightful dues have been denied by the employer. To have this, he must first lodge a claim for his dues.
Thanks and regards,
Shyam Agrawal
From India, Pune
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Dear Anurao,
Thank you for sharing the very good news. Hearty congratulations to you. When you finally receive your gratuity, please remember to post the amount you have received and also specify that it is for a period of 4 years, 11 months, and 10 days. This information could be helpful as a case law or precedent for other individuals in similar situations.
Warm regards.
From India, Pune
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Thank you for sharing the very good news. Hearty congratulations to you. When you finally receive your gratuity, please remember to post the amount you have received and also specify that it is for a period of 4 years, 11 months, and 10 days. This information could be helpful as a case law or precedent for other individuals in similar situations.
Warm regards.
From India, Pune
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I joined the deemed/state university in Gujarat as a lecturer on 03/07/2006, and my last working day was 30/06/2011. Due to some reasons, I joined the G.O.G on 02/05/2011 (only one day). My name was registered in the muster at GOG, and I had two posts at the same time, but with WLP at GOG. I have not gone to GOG and continued to serve my previous university until 30/06/2011. Can I get the benefit of gratuity as I completed 4 years and 240 days?
From India, Ahmadabad
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From India, Ahmadabad
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Need to clarity on below Gratuity calculation.... 1. Those who have complete 4 yr & 240 days = 5 years 2. Those who have complete 5 yr & 6 month = 6 years" ...
From India, Pune
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From India, Pune
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