Hi,
The HR of my ex-company is refusing to hand me over my full and final settlement gratuity money for 8 years. This despite I got both my letters of reliever as well as experience from them. The HR has a personal grudge against me as my other team members have got it.
I need legal advice. Please suggest me how to follow the procedure legally.
Regards,
Pratap Reddy
8th June 2019 From India, Hyderabad
With holding of gratuity is an offence:
Time Limit for Making Payment of Gratuity Amount
1.A person eligible for payment of gratuity can himself or through his authorized person shall send a written application to the employer for payment of such gratuity.
2.As soon as gratuity becomes payable the employer shall 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 gratuity so determined.
3.The employer must pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.
4.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.
Failure to Pay Gratuity Amount
Payment of gratuity is a statutory requirement. In case an employer fails to pay gratuity amount to an employee, he shall liable for punishment. Where the employer fails to make payment of any gratuity payable to the employee, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years.
Pl send them a final letter and follow it up with a complaint to Labour officer of the area.
Take help of a lawyer who deals in labour matters.
Company is playing with fire by withholding gratuity like this as stated in your post.
Delay is too much and should be be forthwith dealt legally.
8th June 2019 From India, Pune
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