Dear sir,
I was working with the company based in Delhi for their Mumbai office, but after 15 years of job due to a big loss in Mumbai, they started harassing me to quit on the phone, not in writing. They also asked the bottom line person in the Mumbai office to take the office key and work from me gradually. Since my spouse is suffering from cancer, I was not in a position to go to a lawyer. The company was harassing me mentally and said they cannot afford my high salary, so I have to quit.
Now I have resigned, but they said Gratuity will be paid by LIC based on 15 years of job. I wanted to know how much time it takes to get because the company is not helping me, and as I have not gotten any job so far, I am in need of funds for her treatment. I want to know the time slot for Gratuity payment and the right way to approach for getting funds from LIC at the earliest.
Regards,
Asit
Mumbai
From India, Mumbai
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I was working with the company based in Delhi for their Mumbai office, but after 15 years of job due to a big loss in Mumbai, they started harassing me to quit on the phone, not in writing. They also asked the bottom line person in the Mumbai office to take the office key and work from me gradually. Since my spouse is suffering from cancer, I was not in a position to go to a lawyer. The company was harassing me mentally and said they cannot afford my high salary, so I have to quit.
Now I have resigned, but they said Gratuity will be paid by LIC based on 15 years of job. I wanted to know how much time it takes to get because the company is not helping me, and as I have not gotten any job so far, I am in need of funds for her treatment. I want to know the time slot for Gratuity payment and the right way to approach for getting funds from LIC at the earliest.
Regards,
Asit
Mumbai
From India, Mumbai
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Dear Asit,
On resigning from the service, have you submitted Form I to claim your gratuity? If your company has subscribed to the Group Gratuity Scheme (GGS) of LIC, then your form will be sent to LIC office. However, LIC does not pay directly to the employee. It pays to the company, and the company, in turn, pays the gratuity to the ex-employee. Now you need to find out whether the company has sent your form to LIC. Since the calculation is done by the software, generally LIC does not take a longer time for the clearance of Form I.
Therefore, you need to find out whether your gratuity amount was received from LIC but your company used that money for another purpose. The financial weak position of your company lends credence to this suspicion. Anyway, you may send the written reminder to the company.
Thanks,
Dinesh Divekar
From India, Bangalore
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8218On resigning from the service, have you submitted Form I to claim your gratuity? If your company has subscribed to the Group Gratuity Scheme (GGS) of LIC, then your form will be sent to LIC office. However, LIC does not pay directly to the employee. It pays to the company, and the company, in turn, pays the gratuity to the ex-employee. Now you need to find out whether the company has sent your form to LIC. Since the calculation is done by the software, generally LIC does not take a longer time for the clearance of Form I.
Therefore, you need to find out whether your gratuity amount was received from LIC but your company used that money for another purpose. The financial weak position of your company lends credence to this suspicion. Anyway, you may send the written reminder to the company.
Thanks,
Dinesh Divekar
From India, Bangalore
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Generally LIC release the claim within 15-20 days. Please personally inquire in LIC office about your claim. If found paid to employer ask them to pay you. If they don’t approach labor office.
From India, Pune
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From India, Pune
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Dear Asit,
Please submit your application to your employer by Regd A D in Form I as supplied to you by Mr. S Venkata Ramana. After 15 days, submit an Application in Form N to the Assistant Labour Commissioner (central), having an office at Shram Raksha Bhavan, Shiv Srusti Road, Opp. Priyadarshini Bldg., Sion Chembur highway, Sion, Mumbai 400 022, along with Form I and a copy of A D Card and your service-related documents such as the Appointment letter, Resignation, and Last Pay Slip.
Then follow up with his office for the issue of a notice to the employer. If the employer is not responding, insist on an exparte order at the earliest and also a recovery certificate addressed to the Collector of the area where the employer has an office or other property. It's always a difficult and time-consuming process to get the gratuity from an employer who is in financial difficulties. But you have to pursue to get your rightful amount.
All the best.
From India, Pune
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Please submit your application to your employer by Regd A D in Form I as supplied to you by Mr. S Venkata Ramana. After 15 days, submit an Application in Form N to the Assistant Labour Commissioner (central), having an office at Shram Raksha Bhavan, Shiv Srusti Road, Opp. Priyadarshini Bldg., Sion Chembur highway, Sion, Mumbai 400 022, along with Form I and a copy of A D Card and your service-related documents such as the Appointment letter, Resignation, and Last Pay Slip.
Then follow up with his office for the issue of a notice to the employer. If the employer is not responding, insist on an exparte order at the earliest and also a recovery certificate addressed to the Collector of the area where the employer has an office or other property. It's always a difficult and time-consuming process to get the gratuity from an employer who is in financial difficulties. But you have to pursue to get your rightful amount.
All the best.
From India, Pune
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Even if your gratuity is deposited in the LIC Group Gratuity Scheme, it is the duty of the management to instruct LIC to clear the gratuity dues. Since your gratuity amount is deposited in LIC and LIC issues a cheque to the management, after encashment of the cheque, the management issues you a separate cheque. If the management is not cooperating, then you can contact the Labour Commissioner of your area to assist you in this matter. The Labour Commissioner may have the power to instruct the management or LIC authority to reimburse your gratuity promptly. Thank you.
Sanjib Kumar Panigrahi
Manager - HR & Admin - Odisha
From India, Bhubaneswar
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Sanjib Kumar Panigrahi
Manager - HR & Admin - Odisha
From India, Bhubaneswar
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Re: Can Gratuity Be Claimed On Completion Of 240 Days During Fifth Year?
I resigned from the organization after completing continuous service of 4 years 11 months and 12 days. During my full and final settlement, the company refused to grant me gratuity, stating that I have not completed 5 years of service.
I have raised the issue on the grievance portal. After several reminders, finally, I have been sent a notice from the 'Office of the Controlling Authority Under the Payment of Gratuity Act' to appear before them with all proof and witnesses to justify my claim.
Please suggest what I should do now?
From India, Bhubaneswar
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I resigned from the organization after completing continuous service of 4 years 11 months and 12 days. During my full and final settlement, the company refused to grant me gratuity, stating that I have not completed 5 years of service.
I have raised the issue on the grievance portal. After several reminders, finally, I have been sent a notice from the 'Office of the Controlling Authority Under the Payment of Gratuity Act' to appear before them with all proof and witnesses to justify my claim.
Please suggest what I should do now?
From India, Bhubaneswar
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