609
Dear Srinath Sir, Please tell me what if person did not apply for his gratuity till 2 months. Is it necessary that one should apply for his gratuity to get it from employer?
From India, Pune
From India, Pune
## As per payments of Gratuity rules 1972-
-An application for payment of gratuity filed after the expiry of the periods specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient cause for the delay in preferring his claim, and no claim for gratuity under the Act shall be invalid merely because the claimant failed to present his application within the specified period. Any dispute in this regard shall be referred to the controlling authority for his decision.
But It is necessary that an employee who is eligible for payment of gratuity under the Act, or any person authorized, in writing, to act on his behalf, shall apply and an application under this rule shall be presented to the employer either by personal service or by registered post acknowledgement due.
Then after that Within fifteen days of the receipt of an application, the employer shall issue a notice to the applicant employees, nominees or legal heir.
Regards,
Amit
From India, Delhi
-An application for payment of gratuity filed after the expiry of the periods specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient cause for the delay in preferring his claim, and no claim for gratuity under the Act shall be invalid merely because the claimant failed to present his application within the specified period. Any dispute in this regard shall be referred to the controlling authority for his decision.
But It is necessary that an employee who is eligible for payment of gratuity under the Act, or any person authorized, in writing, to act on his behalf, shall apply and an application under this rule shall be presented to the employer either by personal service or by registered post acknowledgement due.
Then after that Within fifteen days of the receipt of an application, the employer shall issue a notice to the applicant employees, nominees or legal heir.
Regards,
Amit
From India, Delhi
Dear Mr Aniket,Employer also got responsibility of informing eligible Employee to submit his claim for Gratuity.Eligible Employee should submit his claim for Gratuity.More than Employee, it is Employers responsibility to get claim & make payment.
From India, New Delhi
From India, New Delhi
Dear sir, I understand what ur saying.but, i asked employee to give gratuity form.but till now he didn,t .so whatshud i do.
From India, Pune
From India, Pune
Dear Mr Aniket, you have not mentioned about why Employee has not yet submitted his Gratuity Claim inspite of your reminder? nevertheless, Prepare Employee Gratuity Payment Cheque & intimate the Employee concerned to collect the same after submitting his claim by Regd Post Ack Due without any further delay.You should correspond & build record as Employee Representative
From India, New Delhi
From India, New Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Order penalty The New India Assurance Co.doc
Delay in Form 16 Bombay HC 15102018.pdf