I worked in a private firm named Neptune (India) Ltd. for 6 years, and they haven't paid me gratuity. I joined the company on 13 July 2012 and left the job on 27 June 2018. The employer intentionally hid the details/salary breakup from employees and refused to pay.
Kindly help me to get my gratuity amount as per the law.
From India, Delhi
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Kindly help me to get my gratuity amount as per the law.
From India, Delhi
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Dear Atul The employer cant hide it not he can disown the obligation. You can file complaint with all evidences before appropriate authority of Labour. Shailesh Parikh 99 98 97 10 65 Vadodara
From India, Mumbai
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312From India, Mumbai
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Hi,
If you have completed 5 years, then you are eligible to receive Gratuity. You can calculate your gratuity using the following formula: Last drawn salary (basic salary plus dearness allowance) multiplied by the number of completed years of service multiplied by 15/26.
First, inquire with your HR and request them to release your gratuity. If they deny your request, you can contact the local employee labor department to file a complaint.
From India, Mumbai
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If you have completed 5 years, then you are eligible to receive Gratuity. You can calculate your gratuity using the following formula: Last drawn salary (basic salary plus dearness allowance) multiplied by the number of completed years of service multiplied by 15/26.
First, inquire with your HR and request them to release your gratuity. If they deny your request, you can contact the local employee labor department to file a complaint.
From India, Mumbai
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Dear Atul,
I suggest you fill out "Form I" as illustrated in the Payment of Gratuity Act and send the same to your previous employer via registered post and email as well. Give them some time to address it and follow up timely; in case they don't respond or refuse, you can file a complaint with the local labor inspector of the region where the office falls.
Hope it helps.
Regards,
Rahul Chhabra
From India, Delhi
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I suggest you fill out "Form I" as illustrated in the Payment of Gratuity Act and send the same to your previous employer via registered post and email as well. Give them some time to address it and follow up timely; in case they don't respond or refuse, you can file a complaint with the local labor inspector of the region where the office falls.
Hope it helps.
Regards,
Rahul Chhabra
From India, Delhi
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Hi Hope your company has more than 10 employees to make the Act applicable. Other criteria had been informed by other learned members. Thanks and Regards
From India, Hyderabad
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From India, Hyderabad
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If your company has branches in more than one state and employs more than 10 workers, you should first submit an application to the employer in Form I, as suggested by a knowledgeable colleague. Subsequently, you need to file an application in Form N before the Assistant Labour Commissioner (Central) since the relevant governing body is the central government under the Gratuity Act for establishments with branches in multiple states. In the case that you are located in Delhi, the office of the Assistant Labour Commissioner (Central) is situated on the 4th floor of Jeevan Deep Building, opposite the Jantar Mantar police station, near Patel Chowk metro station. If your company does not have branches in more than one state, then you can submit your application before the Assistant Labour Commissioner of the Delhi Government (State Govt).
From India, Pune
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From India, Pune
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Dear friend from Delhi,
I hope you have completed all exiting/severance formalities and they have relieved you by issuing an official relieving letter. How about your EPF? Have you withdrawn fully by closing your EPF account or is it still open? I'm afraid you have to rule out any possibility of that firm treating your initial one year or so as a training period and try to establish that you have not completed the statutory 5 years minimum continuous service to safeguard their interest in this case. Also, satisfy yourself that there is no break-in-service in between.
Don't worry about the delay; the employer has to pay interest until the gratuity is finally paid, irrespective of any number of years of delay. What's important is to satisfy the conditions laid down in the Payment of Gratuity Act. Therefore, time is not lost; file the forms as suggested by learned members to process your claim properly. It's the duty of the designated officer under the Gratuity Act to address your grievance of unpaid gratuity to you.
From India, Bangalore
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I hope you have completed all exiting/severance formalities and they have relieved you by issuing an official relieving letter. How about your EPF? Have you withdrawn fully by closing your EPF account or is it still open? I'm afraid you have to rule out any possibility of that firm treating your initial one year or so as a training period and try to establish that you have not completed the statutory 5 years minimum continuous service to safeguard their interest in this case. Also, satisfy yourself that there is no break-in-service in between.
Don't worry about the delay; the employer has to pay interest until the gratuity is finally paid, irrespective of any number of years of delay. What's important is to satisfy the conditions laid down in the Payment of Gratuity Act. Therefore, time is not lost; file the forms as suggested by learned members to process your claim properly. It's the duty of the designated officer under the Gratuity Act to address your grievance of unpaid gratuity to you.
From India, Bangalore
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
FORM-F-NOMINATI ON OF GRATUITY.pdf
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