Hello Mr. Shyam Agrawal,
My company wants more time to decide on my eligibility.When I got back to them about an estimated time, they re not ready to commit on any time line. My PF was credited only last month (its 8 months since I quit).Now I am not sure if there is a timeline within which the company should pay or I should claim. Please advice as to where I need to claim the amount? My Employer or deputy comm of labour authority?
Any tips is greatly appreciated.
Thank you, Anu

From India, Bangalore

Attached Files
File Type: doc Gratuity form I.doc (28.0 KB, 54 views)

Dear Anurao,

Gratuity is payable to you by your former employer. Therefore, please lodge claim with your former employer for payment of gratuity in the prescribed form which you can find in the printed book of Payment of Gratuity Act, 1972. You can also download it from the website. If you cannot lay hands on it, please revert to me. My personal email ID is <shyaam.agrawal@gmail.com> . You may make use of this ID and contact me. Time limit for payment of gratuity by the former employer is 30 days from the date of receipt of application from the former employee. Luckily, there is no time limit for the employee to file the application. Ordinarily, the employee is expected to file his claim for payment of gratuity within last one week of his/her service and get the payment on the date of his exit from the employer firm. However, the employer can delay the payment upto 30 days. After this period of 30 days, the employer is bound to pay interest to the former employee on the total amount of gratuity payable. If the interest is not paid simultaneously, the employee can demand it separately. Rate of interest is as decided by the Commissioner of Labour who has powers of appallate authority. The Commissiner of Labour comes in picture only after the employee fails to settle his claims amicably and files a complaint against his former employer and not otherwise. For lodging a complaint, an employee must have something in his hand e. g. proof that his rightful dues have been denied by the employer. To have this, he must first lodge a claim for his dues.

Thanks and regards,

Shyam Agrawal

From India, Pune
Dear Anurao
Thanks for giving us very good news. Hearty congratulations to you. When you finally get your gratuity, please
do remember to post the amount you have received and also repeat that it is for period 4 years 11 months and 10 days so that it could be case law / precedent useful to similar other people.
Warm regards.

From India, Pune
I joined the deemed/state univerisity in Gujarat as a lecturer on 03/07/2006 and last working day was 30/06/2011.
Due to some reasons i joined the G.O.G in 02/05/2011(only one day). My name was registered in the muster at GOG and have two post at the same time, but with WLP at GOG. I havenot gone to GOG and contineu to service my previous university till 30/06/2011.
Can i get the benifit of gratuity as i completed 4 years and 240 days?

From India, Ahmadabad
Need to clarity on below Gratuity calculation.... 1. Those who have complete 4 yr & 240 days = 5 years 2. Those who have complete 5 yr & 6 month = 6 years" ...
From India, Pune

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