Sir, I have worked in an organization in Gujarat from May 2005 to June 2016 (11 years). When I resigned, I could not complete my notice period, so they have not paid my last month's salary. I received my relieving letter and claimed for PF, but I did not claim for gratuity as I didn't know it had to be claimed. The HR personnel also did not provide any information regarding gratuity.
After two months, I emailed my HR head regarding gratuity, but I did not receive any reply. What should I do? Am I eligible for gratuity or not? Additionally, they have not paid my bonus amount for five years, which was deducted from my salary unofficially (not shown in the payslip) as part of the CTC. I am currently in Visakhapatnam.
From India, Kolkata
Acknowledge(0)
Amend(0)
After two months, I emailed my HR head regarding gratuity, but I did not receive any reply. What should I do? Am I eligible for gratuity or not? Additionally, they have not paid my bonus amount for five years, which was deducted from my salary unofficially (not shown in the payslip) as part of the CTC. I am currently in Visakhapatnam.
From India, Kolkata
Acknowledge(0)Amend(0)
A person who is eligible for payment of gratuity under this Act or any person authorized, in writing, to act on his behalf shall send a written application to the employer within 30 days in Form I for payment of such gratuity.
Where the date of superannuation or retirement is known, then such form is to be given 30 days before that date.
A nominee shall apply for gratuity in Form J within 30 days of it being payable.
A legal heir may apply in Form H within 30 days of it being payable.
Any form for claiming gratuity submitted after the due dates specified above can be accepted if the employee gives an adequate reason for the delay.
As soon as gratuity becomes payable, the employer shall, whether an application referred to in subsection (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority, specifying the amount of gratuity so determined. The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.
So if you submit now, generally there will be no problem because no excessive delay has happened.
Correct Spelling and Grammar: Identify and fix any spelling or grammatical mistakes in the text.
Handle Line Breaks:
Ensure there is a single line break between paragraphs. If there are multiple line breaks, reduce them to one.
If the user starts with “Hi, ” followed by a line feed, remove that line feed to ensure the first line does not appear blank.
Preserve the Meaning: While correcting the grammar and spelling, make sure the original meaning and tone of the message remain unchanged.
From India, Kolkata
Acknowledge(0)Amend(0)
180Where the date of superannuation or retirement is known, then such form is to be given 30 days before that date.
A nominee shall apply for gratuity in Form J within 30 days of it being payable.
A legal heir may apply in Form H within 30 days of it being payable.
Any form for claiming gratuity submitted after the due dates specified above can be accepted if the employee gives an adequate reason for the delay.
As soon as gratuity becomes payable, the employer shall, whether an application referred to in subsection (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority, specifying the amount of gratuity so determined. The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.
So if you submit now, generally there will be no problem because no excessive delay has happened.
Correct Spelling and Grammar: Identify and fix any spelling or grammatical mistakes in the text.
Handle Line Breaks:
Ensure there is a single line break between paragraphs. If there are multiple line breaks, reduce them to one.
If the user starts with “Hi, ” followed by a line feed, remove that line feed to ensure the first line does not appear blank.
Preserve the Meaning: While correcting the grammar and spelling, make sure the original meaning and tone of the message remain unchanged.
From India, Kolkata
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Amendment to Payment of Bonus Act 2015.jpg
Bigger bonuses for more as Lok Sabha amends Payment of Bonus Act - The Economic Times.pdf
THE PAYMENT OF BONUS ACT.doc