Umakanthan53
Labour Law & Hr Consultant
Vmlakshminarayanan
Sr.manager - Hr&admin
Aark
It Staffing

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Hello, i worked in a company from Nov 2007 to June 2019. I have to accept, my lack of knowledge of applying for Gratuity i didn't ask my HR about Gratuity and company didn't pay me any Gratuity. One of my friend said am eligible to claim gratuity because i completed more than 5 years. Here my query is as i left Company in June 2019 and this is December 2019, do you think i can still apply for my Gratuity ? as i read few articles that i need to apply with in 30 days of my resignation . Please help me
From India, Hyderabad
Hi,
First of all please ensure that your company come under the purview of Gratuity Act ( The Payment of Gratuity Act, 1972 (the Gratuity Act) is applicable to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments with ten or more employees).
If so, then you can apply for Gratuity even if it is after 5 months leaving the services of the Company.
The rules suggests that once an employee becomes eligible to receive gratuity, he can apply within 30 days from the date it becomes payable. However, an employer cannot reject an application by the employee after the expiry of 30 days, if the delay happened due to a valid reason. So please provide a valid explanation and apply for gratuity. In case if your employer reject the request for gratuity application or delay it, you file an case before the Assistant Commissioner of Labour of your Company jurisdiction who is the controlling Authority as per Gratuity Act.

From India, Madras
Don't worry. Better send a notice to the employer at least now requesting to pay the amount of gratuity adducing reasons for the delayed claim. You have to remember that the law enjoins the duty on the employer to pay gratuity within 30 days it becomes payable. Thus the failure on your part to make your claim within the time limit stands intertwined with the failure on the part of the employer to make payment in time. Therefore your claim cannot be rejected by the employer simply on the ground of delay. But it is important that if the claim is rejected or the amount of gratuity proposed to be paid by the employer is less or no reply, if any is received, within 90 days from the date of service of your notice of claim, you have to file an application for gratuity together with interest for the period of default against the employer before the Controlling Auhority under the PG Act, 1972 for the area wherein the establishment is situated.
From India, Salem
Thanks for your valuable suggestions. i reached out to my company HR. He said they cannot pay Gratuity because company didnt enroll in Gratuity as they did in PF. but company i worked is PVT LTD and at any given time they more than 25 employees on payroll. Also i have PF deductions for my entire service (12 years). i also applied for PF online and its in process. Can you please suggest what my HR said is right or can i still send them form 1 ?
From India, Hyderabad
Dear Aark,
We have clearly explained the legal position and suggested to you the immediate action you have to take. But still you are harping on about your eligibility and try to bank upon the legal knowledge of your HR. Whatever we suggest will make you contact your HR, he will find out a new reason and that will create some fresh doubts in your mind. Better try to decide on your own.

From India, Salem
Anonymous
Dear Sir,
I have worked for a company 4 years 8 months 17 days (i.e, 4 years 261 days). As per the act one is eligible for 4years 240days for gratuity payment. When enquired with my HR, they say, company with gratuity trust, gratuity payable as in my case depends on gratuity trust law and it is at the discretion of management to decide on to pay or not to pay..
can you please kindly help me know is there any law specifically for gratuity trust and will i get my gratuity.
Regards,
Satya

From India, Bengaluru
I think lot of replies are there in the Cite HR on this question based on the Madras High Court's judgment in Mettur Beardsel Ltd case. Certainly you are entitled to gratuity since you have worked for more than 240 days in the fifth year as per the above judgment. A gratuity trust's rule cannot override the ratio decidendi of a High Court judgment. Please refer to the previous replies.
From India, Salem
Dear sir, Thank you so much for your suggestion. I have discussed with my HR and they agreed to pay my gratuity.
From India, Bengaluru
My HR or CEO is not accepting to pay me Gratuity. I would like to send a notice to them. Can anyone help me with a legal advisor contact who can help me resolving this issue
From India, Hyderabad
Hi,
First of all please ensure that you are eligible for Gratuity as per Gratuity Act.
To start with no legal advisor is required. Please write a request letter for Gratuity addressed to your CEO / HR. Send the letter through Register Post with Acknowledgement Due. Wait for some time after receipt of RPAD Receipt. In case of no response you can directly approach the Assistant Commissioner of Labour Office ( pertains to your Employer jurisdiction) and file a complaint directly. If need be appoint a advocate, because you will be expected to pay his fees. It is a simple process. Once notice served by ACL your employer cannot postpone for long time maximum can ask for some time pay Gratuity.

From India, Madras

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