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Hi ! Can anybody guide me How to recover my due Gatuity payment from my previous employer. I left the company in the year 2005 with proper releasing letter. KPC
From India, Calcutta
How many years did you work there? you are eligible to withdraw the money after 4 yrs and 8 mths of working with company.They are supposed to put it in your full and final settlement.
From India, Lucknow
Dear Bani
I think you must finish 5 years first. then only u r eligible for getting gratuity amount. after 5 years every 6 months will be counted as one year.
Your statement of "you are eligible to withdraw the money after 4 yrs and 8 mths of working with company" may not be correct.

From India, Madras
If you have rendered 5 years continuous service under the previous employer ,the employer is legally bound to pay your gratuity within 30 days from the date it becomes payable to you .under Sec. 4 of the Payment of Gratuity Act,1972.If the gratuity amount has not been paid to you you can claim simple interest @ 10% per annum over your gratuity amount. from your previous employer. .Please take following actions immediately:

1.Send your claim for the gratuity amount payable to you in Form-I by Regd. Post to your previous employer. prescribed under Rule 7 of the Payment of Gratuity(Central)Rules,1972.You should have submitted your such claim to your previous employer within 30 days from the date of your leaving that establishment.You should mention now in the Form-I the reasonable cause of your delay in submission of such claim.

2.If the employer does not issue notice to you in Form-L indicating the amount of gratuity payable to you and date of payment of such gratuity as required under Rule 8 of the P.G.(Central) Rules,1972 within 30 days of receipt of your claim in Form-I,You should apply to the concerned Controlling Officer appointed by the Appropriate Govt under the P.G.Act,1972 and Rules made there under in Form-N by Regd. post as required under Rule.10 of the P.G.Rules,1972.Generally one officeR of the rankof Asst. Labour Commissioner is appointed by the concerned State Govt. to act as such Controlling Oficer.

3.It would be better for you to contact immediately the concerned Controlling Officer personally and submit one copy of your such claim in Form-N


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From India, Calcutta are eligible for gratuity after 240 days of the 5th yr of working with the company. That works out to 4yrs and 8 mths. Please refer to the gratuity act for more details.
From India, Lucknow
Hello Bani 154,
As per the Act, the gratuity is elgible to an employee , who completes 5 years of continous service. If an employee completes 5 yrs 6 months then his gratuity is calculated as 6 years. Employee is not paid gratuity for 4 yrs 8 months.
Gratuity is paid after 30 days of relieving date of the employee. Employee has to draft a application for the gratuity. Employeer is bindd to pay gratuity on or before the completion of 30 days.
Nimish Joshi

From India, Mumbai
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