Industrial Relations And Labour Laws
Insolvency N Gst Professional

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I left the Organization in 2016 after completing 5 years in the Company but I did not claim for Gratuity.
Now in 2018, can I claim for it?
Reason for not claiming was that was a Private mid-sized company which had no benefits apart from the monthly salary and had no where in the joining letter had mentioned about the retiral benefits like Gratuity and in my entire Tenure there, I did not see any one claiming for Gratuity so I assumed that this Company does not pay gratuity.
So my query is, can I claim for it now? And what if the Company denies?
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You can claim it provided your the Payment of Gratuity Act is applicable to your establishment.If your establishment was a factory or mine or plantation the Act would be applicable without reference to the number of employees working there but if it was a commercial establishment not coming under Factories, mines or plantation then there should be at least 10 employees for coverage of the Act.
Yes Sir, there are more than 60 employees in the Company.
Yes Sir, there are more than 60 employees in the Company and it is Private Ltd. Company.
If there are 60 employees, you can send a request for gratuity. Under the Gratuity Act it is the responsibility of the employer to pay gratuity to the eligible person even if the left employee has not asked or demanded it. If required please send a request in the prescribed form, form I which is attached.

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File Type: doc Gratuity Form I.doc (29.0 KB, 46 views)

My brother was also working in a company for 3.5 years. Co. had shown gratuity in CTC, and was cutting from salary,but after leaving the company, company has not paid graduity but I got Full and final settlement. Shall claim for Graduity which is shown in CTC
If you had worked 3.5 years ,you are not entitled for gratuity.
If employer was deducting from salary on a/c of gratuity, it is irregular and you can write to the company and ask them to refund unauthorised deductions.
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