Delay In Gratuity Claim - CiteHR
Stephen_7
Senior Officer - Hr
Abuhrd
Employee Establishment & Administration,
Nathrao
Insolvency N Gst Professional
Korgaonkar K A
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Pranab.kumar
Administration & Hr
Vinnus84
Assistant Manager
Behl
Vp Hr
Mayurpanchmukh
Customer Care Executive
+2 Others

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Hi all,
I did worked with an company for 5 years 2 months and my last working day was 19th Dec 2014 and I had applied for Gratuity Claim and still waiting to get the Claim amount. I got to know from my ex HR that, they have processed my Gratuity Claim to LIC and there is delay with LIC people not from the company. from past 3 months I am in touch with this HR person and bugging her to get the things sort it out for me but still I haven't got any updates. Is there any way where I can file complaint on this? or is there any way to get the Gratuity claim amount as soon as possible? Please advise.
With Warm Regards,
Vinay
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Dear Vinay,
Its an employer liability to pay the gratuity within one month of submitting the gratuity claim form 1. They cannot delay it due to LIC is not paid or whatever the reason. I think LIC will pay gratuity, only when an employee died while on duty. So i think its waste of time waiting for LIC will pay employee's gratuity.
You can send an another letter immediately with the copy of gratuity claim form that you have submitted earlier to settle it with in 14 days of receiving this letter. Otherwise you may be forced to proceed though legal way. If they have not settled it with in that time frame, file a complaint at Deputy commission of labour at your area. They will recover it from employer with interest and pay it to you.
Thanks and all the best.
Dear Mr. Vinay, I appreciate your answer. But "...........only when an employee died while on duty." seems not true if the organisation has opted for Gratuity Scheme Policy of LICI.
Dear Vinay,
Some companies have scheme with LIC they pay insurance to LIC and in turn LIC pays to the eligible emplyee . However LIC can not take four month for payment . Ask your employer for a proof that they have submitted your claim request to LIC . If they do not share that with you , you can escalate the matter .
Employer must pay gratuity to eligible employee with in 30 days of written application .So write an application to them through register AD.
Company should have paid you without any delay.
You may submit Form I to employer under acknowledgment with a copy to Controlling Authority, under acknowledgment at your location which may be ALC.
You may write to LIC and obtain in writing the status of disbursement to company or peruse RTI route.
If you submitted notice of resignation say of a month, you have notified your last day in office/effective date of resignation/date of retirement to employer and employer should have paid gratuity on last day in office or computed in FNF statement and paid wih FNF settlement, along with superannuation payment if your company had any superannuation scheme also. Employer can make the payment of superannuation on date of retirement as described in standing orders or before.
You could have stated in notice of resignation to disburse gratuity and superannuation on last day in office, and could have submitted Form I a month before last day in office.
Dear Vinay,
Company should have paid you without any delay.
You may submit Form 1 to employer under acknowledgment with a copy to Controlling Authority, under acknowledgment at your location which may be ALC.
You may write to LIC and obtain in writing the status of disbursement to company or peruse RTI route.
If you submitted notice of resignation say of a month, you have notified your last day in office/effective date of resignation/date of retirement to employer and employer should have paid gratuity on last day in office or computed in FNF statement and paid vide FNF settlement, along with superannuation payment if your company had any superannuation scheme also. Employer can make the payment of superannuation on date of retirement as described in standing orders or before.
You could have stated in notice of resignation to disburse gratuity and superannuation on last day in office, and could have submitted Form I a month before last day in office.
Company should have paid you without any delay.
You may submit Form1 to employer under acknowledgment with a copy to Controlling Authority, under acknowledgment at your location which may be ALC.
You may write to LIC and obtain in writing the status of disbursement to company or peruse RTI route.
If you submitted notice of resignation say of a month, you have notified your last day in office/effective date of resignation/date of retirement to employer and employer should have paid gratuity on last day in office or computed in FNF statement and paid wid FNF settlement, along with superannuation payment if your company had any superannuation scheme also. Employer can make the payment of superannuation on date of retirement as described in standing orders or before.
You could have stated in notice of resignation to disburse gratuity and superannuation on last day in office, and could have submitted Form I a month before last day in office.
Dear Vinay,
Intimate your employer that you are eligible to get the Gratuity amount within 30 days from the date of your relieve/submission of form 1 which ever is early. If not then ask 10% interest as fine on the gratuity amount.
Please submit an application to The Labour Commissioner of your area and make him appraise about the detail facts. Automatically LIC/your organisation both will pay the gratuity amount instantly.
Regards,
Pranab Chakraborty
9404384433
Dear Vinay,
My experience is that LIC takes maximum 3 working days, from the date of receipt of the claim form duly completed in all respects, to settle the Gratuity Claim.
Pl. check whether the H. R. Office has actually submitted the Form 1 to LIC office.
If LIC office is far away you can talk to them over the phone or depute a local person from the LIC office location.
Madan
Dear all,
Please guide me i was working with THE TIMES OF INDIA on 3rd party by LOBO STAFFING SOLUTIONS.I worke in times from 21st may 2009 to 31st may 2014.
i resigned on 31st may they paid me PF but i am waiting for my gratuity.
when i contacted lobo staffing they said that we sent the application to times but they r delaying it when i contacted times they said that it will take more 3 months.it has been more than a year but they have not paid gratuity yet.
please guide me what to do.?
Thanks and regards
MAYUR PANCHMUKH
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