I worked for 3i Infotech for 12 years. It is close to one year I resigned gracefully, I have not got the gratuity. Every time when I speak/write to HR, he tell me some cock and bull story. Kindly advise me on this.

From India
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Hi Vyronad,

If you had been relieved properly, and had received all the employment documents, then you shall raise a complaint/application before the Controlling Authority as appointed by the Government.

Please find the details according to the The Payment of Gratuity Act, 1972, given below.

RECOVERY OF GRATUITY. - If the amount of gratuity payable under this Act is not paid by the employer, within the prescribed time, to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest thereon at such rate as the Central Government may, by notification, specify, from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto :

Provided that the controlling authority shall, before issuing a certificate under this section, give the employer a reasonable opportunity of showing cause against the issue of such certificate. Provided further that the amount of interest payable under this section shall, in no case exceed the amount of gratuity payable under this Act.

From India, Bangalore

Dear Vyronad, Go ahead as per Mr. Maheash Nair. Keep all correspondence in writing. If you speak to your HR dept., make it official by following it up with an email to him after you talk to him.
From India, Mumbai

Has the rest of the FnF been cleared? If not, you will need to take it up in entirety. If they are only withholding the gratuity, they are in deep trouble. Since you have resigned and been relieved without hassle they are bound to pay your dues within prescribed limit. You could give them one last chance by writing an email to the HR Head with CC to Finance, your line authority etc. stating facts and dates in the right order of chronology. Without being emotional and maintaining dignity, do mention that in the event that the said dues are not cleared within the next fortnight you will be forced to move to the appropriate appellate authorities as prescribed under the Gratuity Act.
Do mention in the email something to the effect of "A copy of this correspondence is being sent to your good office by Registered Post/Speed Post for your due consideration." and do so. Maintain records of this Speed Post (booking receipt, and delivery report as available online) AND email in hard copy.

From India, Mumbai

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