Hi, My name is Ankit Panchal. Here I want to discuss my wife�s case. Below is details description.
My wife was working with one of the organizations & She join on 01 / 01 /2005 & Left the organization on 20 / 09 / 2010 (Almost 5 Years & 8 Months).
That time we didn�t know about Gratuity. Now in recently a few month earlier, I got to know from my friends that company had changed the name of the organization & that�s reason they had given the gratuity to their employees.
Currently, the company is there.
Now my question is that my wife left the organization almost 7 years before. Can we eligible to ask for Gratuity? If yes what will be the amount of the same? we don�t know what was a salary of my wife that time
How can we claim it? If a company does not agree to give us gratuity then how can we ask for the same?
From India, Ahmedabad
My wife was working with one of the organizations & She join on 01 / 01 /2005 & Left the organization on 20 / 09 / 2010 (Almost 5 Years & 8 Months).
That time we didn�t know about Gratuity. Now in recently a few month earlier, I got to know from my friends that company had changed the name of the organization & that�s reason they had given the gratuity to their employees.
Currently, the company is there.
Now my question is that my wife left the organization almost 7 years before. Can we eligible to ask for Gratuity? If yes what will be the amount of the same? we don�t know what was a salary of my wife that time
How can we claim it? If a company does not agree to give us gratuity then how can we ask for the same?
From India, Ahmedabad
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Dear Ankit,
You can start with a simple notice to your employer stating non-receipt of gratuity. Let them reply. It is for the employer to calculate and pay gratuity within one month of separation of service failing, which interest is to be paid. There are several judgments of the High Court condoning the delay as well as sustaining the gratuity claim with interest. In the meanwhile, try to ascertain the last pay particulars which are needed. At any rate, you can make a claim on an approximate basis.
From India, Mumbai
1656You can start with a simple notice to your employer stating non-receipt of gratuity. Let them reply. It is for the employer to calculate and pay gratuity within one month of separation of service failing, which interest is to be paid. There are several judgments of the High Court condoning the delay as well as sustaining the gratuity claim with interest. In the meanwhile, try to ascertain the last pay particulars which are needed. At any rate, you can make a claim on an approximate basis.
From India, Mumbai
Basic rule for payment of gratuity:
Any person eligible to receive gratuity shall make an application to the employer for payment of the same within the prescribed time. Whether an application is made or not, the employer shall determine the amount payable and give notice to the eligible person(s).
Though time has passed, you can first write a letter by Speedpost (for proof of delivery) stating that you are entitled to gratuity. Provide details of employment such as the date of joining and leaving, etc., and request them to pay the amount.
In case of delay, refusal, etc., approach the Labour Commissioner, who is generally the Controlling Officer for non-payment of gratuity cases.
From India, Pune
Any person eligible to receive gratuity shall make an application to the employer for payment of the same within the prescribed time. Whether an application is made or not, the employer shall determine the amount payable and give notice to the eligible person(s).
Though time has passed, you can first write a letter by Speedpost (for proof of delivery) stating that you are entitled to gratuity. Provide details of employment such as the date of joining and leaving, etc., and request them to pay the amount.
In case of delay, refusal, etc., approach the Labour Commissioner, who is generally the Controlling Officer for non-payment of gratuity cases.
From India, Pune
Dear Friend,
The employee claim never dies even after the death of the employee. There is no delay in making the claim. You can do it today. Write to the employer that the gratuity was not paid at the time of leaving; hence, it should be paid at the earliest. Wait for 10 days, and if you do not receive any positive reply, write to them again on the eleventh day. This time, mention that if it is not paid within 10 days of the receipt of the letter, I will be forced to take whatever legal recourse is available.
In fact, it is the duty of the HR to inform the employee at the time of exit about their eligibility for gratuity and the formalities to be done. It is the responsibility of the employer to pay even if the employee has not raised a demand or is not aware. If the company remains silent or does not pay, please approach the office of the Labour Commissioner, who is the Gratuity Authority, and lodge a formal complaint.
Please note that you are entitled to interest at 12% per annum under the Payment of Gratuity Act.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
The employee claim never dies even after the death of the employee. There is no delay in making the claim. You can do it today. Write to the employer that the gratuity was not paid at the time of leaving; hence, it should be paid at the earliest. Wait for 10 days, and if you do not receive any positive reply, write to them again on the eleventh day. This time, mention that if it is not paid within 10 days of the receipt of the letter, I will be forced to take whatever legal recourse is available.
In fact, it is the duty of the HR to inform the employee at the time of exit about their eligibility for gratuity and the formalities to be done. It is the responsibility of the employer to pay even if the employee has not raised a demand or is not aware. If the company remains silent or does not pay, please approach the office of the Labour Commissioner, who is the Gratuity Authority, and lodge a formal complaint.
Please note that you are entitled to interest at 12% per annum under the Payment of Gratuity Act.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
Yes, she can claim gratuity. Simply, she can herself or through her authorized person send a written application to the employer for payment of such gratuity. If the amount of gratuity payable is not paid by the employer within the specified period, the employer shall pay simple interest at a rate not exceeding the rate notified by the Central Government for repayment of long-term deposits, from the date the gratuity becomes payable to the date of payment, as specified by the Government. No such interest shall be payable if the delay in payment is due to the fault of the employee and the employer has obtained written permission from the controlling authority for the delayed payment on this ground.
If the employer is still unwilling to pay, you must approach the Labor Department of the concerned district or state with all the details in writing.
Thanks & Regards,
Sumit Kumar Saxena
From India, Ghaziabad
If the employer is still unwilling to pay, you must approach the Labor Department of the concerned district or state with all the details in writing.
Thanks & Regards,
Sumit Kumar Saxena
From India, Ghaziabad
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