Principal Hr Consultant
5th December 2017 From India, Mumbai
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.
5th December 2017 From India, Pune
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.
6th December 2017 From India, Thane
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
8th December 2017 From India, Ghaziabad