Dear All, I have worked previous company named XXX TECHNOLOGIES PVT. LTD., from 1995 June to 2016 January 2016.
The company has made gratuity scheme in LIC, company is not interest to pay the gratuity after receipt of payment from LIC.
Can we get from LIC DEPARTMENT with legal approach, please suggest me :
From India, Delhi
The company has made gratuity scheme in LIC, company is not interest to pay the gratuity after receipt of payment from LIC.
Can we get from LIC DEPARTMENT with legal approach, please suggest me :
From India, Delhi
Gratuity is supposed to be paid within 30 days of the claim becoming due.
Delayed payments are to be with simple interest at the rate of 10%.
You can complain with full details to Labour officer about the delay and silence from your employer.
377Delayed payments are to be with simple interest at the rate of 10%.
You can complain with full details to Labour officer about the delay and silence from your employer.
Dear Sirs,
## Procedure for Payments of Gratuity
1.Application for gratuity
$ An employee shall apply within 30 days from the date the gratuity became payable, in Form ‘I’ to the employer.
2. Notice for payment of gratuity
$ Within fifteen days of the receipt of Form "I" for payment of gratuity, the employer shall issue a notice in Form ‘L’ to the employee, if the claim is found admissible on verification, 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.
$ If the claim for gratuity is not found admissible, issue a notice in Form ‘M’ to the applicant employee, specifying the reasons of rejection of Gratuity claim.
Note:In either case a copy of the notice shall be endorsed to the controlling authority.
3. Application to controlling authority for direction
$ If an employer refuses to accept a nomination or to entertain an application (Form I) issues a notice an amount of gratuity which is considered by the applicant less than what is payable or rejecting eligibility to payment of gratuity
$ If an employer having received an application and fails to issue any notice (Form L OR M ) within the time specified therein,the claimant employee may within ninety days of the occurrence of the cause for the application, apply in Form ‘N’ to the controlling authority for issuing a direction
Note: Form "N" shall be sent by registered post acknowledgement due or personally to the controlling authority.
4. Procedure for dealing with application for direction
$ On receipt of an Form "N" the Controlling Authority issuing a notice in Form ‘O’ to Employee as well as the employer to appear before him on a specified date, time and place, either by himself or through his authorized representative together with all relevant documents and witnesses.
$ After completion of hearing the Controlling Authority shall record his finding as to whether any amount is payable to the applicant under the Act. A copy of the finding shall be given to each of the parties.
$ If the employer fails to appear on the specified date of hearing without sufficient cause, the controlling authority may proceed to hear and determine the application ex parte.
$ If the applicant fails to appear on the specified date of hearing without sufficient cause, the controlling
authority may dismiss the application:
5. Summoning and attendance of witnesses
$ The controlling authority at any stage of the proceedings issue summons (In Duplicate) to both parties in Form ‘P’ either to give evidence or to produce documents or for both purposes on a specified date, time and place.The summons signed and returned by the person served before the date fixed.
6. Direction for payment of gratuity
$ Based on finding and recorded statement If the applicant is entitled to payment of gratuity under the
Act, the controlling authority shall issue a notice to the employer in Form ‘R’ with the amount payable within thirty days from the date of the receipt of the notice and a copy of the notice shall be sent to the applicant advised to contact the employer for collecting payment.
7. Application for recovery of gratuity
$ If the amount of gratuity payable is not paid by the employer within the prescribed time to the person, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector in Form "T" who shall recover the same, together with compound interest from the date of expiry of the prescribed time.
Note: Administrative Machinery under the Gratuity Act
$ All Deputy Labour Commissioners of Labour Department have been appointed Appellate Authority and
$ All Labour Officers and Assistant Labour Commissioners of Labour Department have been appointed as Controlling Authority.
$ Based on above explanation firstly you should Filed a Complaints in Form"N" to the area controlling authority i.e. Labour Officers and Assistant Labour Commissioners by registered post or personally.
I hope that It will helpful for you.
Regards,
Amit
From India, Delhi
## Procedure for Payments of Gratuity
1.Application for gratuity
$ An employee shall apply within 30 days from the date the gratuity became payable, in Form ‘I’ to the employer.
2. Notice for payment of gratuity
$ Within fifteen days of the receipt of Form "I" for payment of gratuity, the employer shall issue a notice in Form ‘L’ to the employee, if the claim is found admissible on verification, 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.
$ If the claim for gratuity is not found admissible, issue a notice in Form ‘M’ to the applicant employee, specifying the reasons of rejection of Gratuity claim.
Note:In either case a copy of the notice shall be endorsed to the controlling authority.
3. Application to controlling authority for direction
$ If an employer refuses to accept a nomination or to entertain an application (Form I) issues a notice an amount of gratuity which is considered by the applicant less than what is payable or rejecting eligibility to payment of gratuity
$ If an employer having received an application and fails to issue any notice (Form L OR M ) within the time specified therein,the claimant employee may within ninety days of the occurrence of the cause for the application, apply in Form ‘N’ to the controlling authority for issuing a direction
Note: Form "N" shall be sent by registered post acknowledgement due or personally to the controlling authority.
4. Procedure for dealing with application for direction
$ On receipt of an Form "N" the Controlling Authority issuing a notice in Form ‘O’ to Employee as well as the employer to appear before him on a specified date, time and place, either by himself or through his authorized representative together with all relevant documents and witnesses.
$ After completion of hearing the Controlling Authority shall record his finding as to whether any amount is payable to the applicant under the Act. A copy of the finding shall be given to each of the parties.
$ If the employer fails to appear on the specified date of hearing without sufficient cause, the controlling authority may proceed to hear and determine the application ex parte.
$ If the applicant fails to appear on the specified date of hearing without sufficient cause, the controlling
authority may dismiss the application:
5. Summoning and attendance of witnesses
$ The controlling authority at any stage of the proceedings issue summons (In Duplicate) to both parties in Form ‘P’ either to give evidence or to produce documents or for both purposes on a specified date, time and place.The summons signed and returned by the person served before the date fixed.
6. Direction for payment of gratuity
$ Based on finding and recorded statement If the applicant is entitled to payment of gratuity under the
Act, the controlling authority shall issue a notice to the employer in Form ‘R’ with the amount payable within thirty days from the date of the receipt of the notice and a copy of the notice shall be sent to the applicant advised to contact the employer for collecting payment.
7. Application for recovery of gratuity
$ If the amount of gratuity payable is not paid by the employer within the prescribed time to the person, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector in Form "T" who shall recover the same, together with compound interest from the date of expiry of the prescribed time.
Note: Administrative Machinery under the Gratuity Act
$ All Deputy Labour Commissioners of Labour Department have been appointed Appellate Authority and
$ All Labour Officers and Assistant Labour Commissioners of Labour Department have been appointed as Controlling Authority.
$ Based on above explanation firstly you should Filed a Complaints in Form"N" to the area controlling authority i.e. Labour Officers and Assistant Labour Commissioners by registered post or personally.
I hope that It will helpful for you.
Regards,
Amit
From India, Delhi
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