Umakanthan53
Labour Law & Hr Consultant
Apex Management
Labour Laws Consultants
Riteshmaity
Labour Law Advocate
Parulparmar
Hr Professional
+2 Others

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Hello,
I thought I will be getting the final settlement and Gratuity(Since I am eligible) within 45 days. I received final settlement exactly after 1 month. BUT .. I haven't received the Gratuity. I followed up with Finance team like a Vodafone puppy, and after a long one way email conversation i got a reply saying that "Gratuity Claim has been forwarded to L.I.C, Once we get the payment from L.I.C, we will deposit the same to employee’s account".
I was wondering what is the relation between Gratuity and L.I.C? Can anyone help me to know what might have caused the delay in Gratuity claim.
I had submitted the Gratuity claim form the very next day of LWD in the company.
Thanks in Advance and Wish you get Gratuity amount on time !!!!
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Hello Everyone,
Its been 4 months since my last working day in the previous company, which was good and came out with lots of good feedback. I thought I will get the final settlement(leave balance, remaining salary etc) and Gratuity(since i completed 5.2yrs) within 45 Days and I received the final settlement within just 45 days. BUT.... I haven't received the Gratuity amount yet. After a week long followup with Finance team, I got a reply saying "We have forwarded Gratuity claim to L.I.C , Once we get the payment from L.I.C, we will deposit the same to employee’s account".
How on earth Gratuity is related to L.I.C?
Everyone please share your information on this.
Thanks in Advance and Wish you a speedy recovery of Gratuity amount if you are waiting for the same.
Thank you.
Most probably they have deposited the amount payable to you as gratuity to the LIC fund, which is common in some companies.
However, as per the Payment of Gratuity Act, you are supposed to send the employer FORM I demanding gratuity within a month from the date of cessation of employment. If the company fails to respond, then within next three months, you have to file an application under FORM N before the controlling authority under the Act.
I suggest, don't waste time and send FORM I to the employer through registered post.
Dear Mahesh,
Mostly companies take the Gratuity policy from LIC just to avoid the work load of Papers....
So You do not worry about your gratuity , If You are eligible then definetly you will get your amount (in the form of Cheque /draft) from the Lic..
The Employer will provide you the same...
Thanks
Shubham
Dear Mahesh,
Some problems may be there between the insurer and your ex-employer like remittance of inadequate premium. Better remind or check with your Company and send the notice for gratuity as suggested by Ritesh.
If the amount of gratuity is not paid by the employer within the prescribed time to the said person, he/she has the right to file a complaint to the Controlling Authority under the Payment of Gratuity Act within the area where the employer’s establishment is situated or where the employee was working at the time of termination. Moreover, the aggrieved person can also approach Labour Courts to get relief and justice.
Ritesh
Even if employee do not give notice of claim of gratuity to the employer,the employer is legally bound to arrange to give gratuity within 30 days of cessation of employment.,under notice to CA
Read sec 7 .2 and 7.3 of Gratuity Act.
Varghese Mathew
The payment of gratuity act 1972 under section 4-A directs all establishments and factories to whom the act applies for obtaining an insurance for the liability of payment towards the gratuity from LIC of India or any other insurer.
As such, your organisation must have obtained such policy and claim will be settled by the LIC. Please approach / remind them again and need not to worry.
P K sharma
Hi,
Most of the companies normally form a gratuity trust with LIC. LIC also provides life insurance coverage, premium of which is paid by the company,hence it is beneficial in case of any mishap.
Once the company has confirmed that they have forwarded a request to the LIC authorities, the payment is done withing 48 hrs. The company could have delayed sending this request to the LIC office. So wait for 3-4 days and then follow-up for the same. Gratuity payment cannot be held by the company and so your amount is not going anywhere.
Normally gratuity amount is paid by LIC within 48 hrs. This amount gets deposited in the Gratuity trust account set by employer. There must be a delay from the end of the employer in submitting the request. LIC is bound to pay immediately without much delay.
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