Gratuity Payment eligibility - salary paid from two companies - the old company was shut down - CiteHR
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Hi,
Good.
But it is almost two years you left your job. Strictly speaking your employer is bound to pay you Gratuity with interest. If you file a case before the Assistant Commissioner of Labour for claim of Gratuity with interest they have to strictly honour it.
Now it is up to you whether to accept the Gratuity principal amount alone or going to fight for Gratuity with interest which would take some time of course.
In either case please do not issue no due certificate from your end to your ex-employer before getting the payment. Once they release the payment issue them no due certificate after ensuring you got all your settlement including salary, leave benefits etc.
Also I suggest you to talk to your ex-employer /HR , explain them that though you have right to claim gratuity with interest through legal forum, doesn't want to complicate and hence ask them to come for a compromise and to settle with Gratuity with some lumpsum amount ( say 5000/- or 10,000/- based on your Gratuity amount) towards delayed payment. Try it. If they refuse accept the principal Gratuity.
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Thank a lot for you kind support sir.
Sir,
I have replied to my employer on mail , that please release my gratuity with interest and also written them i will not sign full and final settlement declaration before got payment.
They have not replied my mail. what should i do.
Regards
Anjali Kharpuse
Hi,
In the absence of response for email communication please visit your employer office by person and have face to face interaction or send the communication through Registered Post with Acknowledgement Due.
As claimed by you, as your employer is willing to pay you the principal Gratuity, now it is your choice - whether to accept the Gratuity alone without interest or to fight. Interest part will be roughly 8% to 9% even if you file case with ACL of your juridiction. So based on the quantum of interest please decide and proceed further.

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