Hi, My name is Ankit Panchal. Here I want to discuss my wifeís case. Below is details description.
My wife was working with one of the organizations & She join on 01 / 01 /2005 & Left the organization on 20 / 09 / 2010 (Almost 5 Years & 8 Months).
That time we didnít know about Gratuity. Now in recently a few month earlier, I got to know from my friends that company had changed the name of the organization & thatís reason they had given the gratuity to their employees.
Currently, the company is there.
Now my question is that my wife left the organization almost 7 years before. Can we eligible to ask for Gratuity? If yes what will be the amount of the same? we donít know what was a salary of my wife that time
How can we claim it? If a company does not agree to give us gratuity then how can we ask for the same?

From India, Ahmedabad

Dear Ankit: You can start with a simple notice to your employer stating non-receipt of gratuity. Let them reply. It is for the employer to calculate and pay gratuity within one month of separation of service failing which interest is to be paid.There are several judgements of High Court condoning the delay as well as sustaining the gratuity claim with interest. In the meanwhile try to ascertain the last pay particulars which is needed. At any rate you can make claim on approx. basis .
From India, Mumbai

Basic rule for payment of gratuity
Any person eligible to receive gratuity shall make an application to the employer for payment of the same within the prescribed time. Whether an application is made or not the employer shall determine the amount payable and give notice to the eligible person/s
Though time has passed you can first write a letter by Speedpost(for proof of delivery) that you are entitled for gratuity.
Give whatever details of employment-date of joining and leaving etc.
Ask them to pay the amount.
In case of delay/refusal etc approach the Labour commissioner who is generally the Controlling officer for nonpayment of Gratuity case.

From India, Pune
Dear Friend,
1. The employee claim never dies even after the death of the employee.
2. There is no delay in making the claim. You can do it today.
3. Write to the employer that the gratuity was not paid at the time of leaving hence it be paid at the earliest. Wait for 10 days and if you do not receive any positive reply write to the again on eleventh day and this time mention that if it is not paid within 10 days of the receipt of the letter I will be forced to take whatever legal recourse available.
4. In fact it is the duty of the HR to inform the employee at the time of exit about her/his eligibility for gratuity and the formalities to be done. In fact it is responsibility of the employer to pay even if the employee has not raised demand or the employee is not aware.
5. If the company keeps mum or does not pay, please approach the office of the Labour Commissioner who is the Gratuity Authority also and lodge a formal complaint.
6. Please note that you are entitled to interest @ 12% pa under the Payment of Gratuity Act.
Warm Regards
Bharat Gera
HR Consultant

From India, Thane
Yes She Can Claim Gratuity, by simply , she can herself or through his authorized person shall send a written application to the employer for payment of such gratuity. If the amount of gratuity payable is not paid by the employer within the specified period, the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long-term deposits, as that Government may, by notification specify. No such interest shall be payable in case the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the controlling authority for the delayed payment on this ground.
If Employer still unwilling to pay the same they you must approach to Labour Department of the concern district or state will all details in written.
Thanks & Regards,
Sumit Kumar Saxena

From India, Ghaziabad

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