sir, I have worked in an organization in Gujarat from may 2005 to june2016 (11 years) , when I resigned I could not complete my notice period for that they have not paid my last month salary, I got my relieving letter and also I claimed for pf. but I did not claimed for gratuity ( I don't know it has to be claimed), HR persons are also not given any information regarding the gratuity. after two months I mailed to my HR head for gratuity but I did not get any reply, what should I do, whether I'm eligible for gratuity or not. and also they have not paid my bonus amount for five years which was deducted from my salary un-officially(not shown in pay slip)as CTC. at present I'm in visakhapatnam
From India, Kolkata
From India, Kolkata
" A person who is eligible for payment of gratuity under this Act or any person authorised, in writing to act on his behalf shall send a written application to the employer, within 30 Days and Form I,for payment of such gratuity.
Where date of superannuation or retirement is known then such form is to be given 30 days before such date.
A Nominee shall apply for gratuity in Form J within 30 days of being payable.
A legal heir may apply in Form H within 30 Days of being payable.
Any Form For Claiming Gratuity Submitted After Due Dates Specified Above Can Be Accepted If Employee Give Adequate Reason For Delay
As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount of gratuity so determined. The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable" read total at Payment of Gratuity Act, Rules, Forms, Returns & All Other Information
So if you submit now generally there will be no problem , because no excessive delay has happened.
From India, Kolkata
180Where date of superannuation or retirement is known then such form is to be given 30 days before such date.
A Nominee shall apply for gratuity in Form J within 30 days of being payable.
A legal heir may apply in Form H within 30 Days of being payable.
Any Form For Claiming Gratuity Submitted After Due Dates Specified Above Can Be Accepted If Employee Give Adequate Reason For Delay
As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount of gratuity so determined. The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable" read total at Payment of Gratuity Act, Rules, Forms, Returns & All Other Information
So if you submit now generally there will be no problem , because no excessive delay has happened.
From India, Kolkata
Dear Bala, Do not worry about delay. Ask the to pay Gratuity and Bonus ,in case you fall in the bracket for Bonus. In case , no reply is received, approach labour office. Regards, Col.Rathi
From India, Delhi
From India, Delhi
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