TADEPALLI MURALI KRISHNA
One of our employees worked from 1989 to 2005. For some reason company had not paid Gratuity. We do not know the reason why the company has not paid gratuity, because concerns in charge and HR staff are not available now. Now, the employee says I have sent a number of emails to the company and nobody responded at that time. Now, he is demanding to pay the gratuity otherwise, I will go to labor court. Please advise, how to deal with the case. Please let me know whether he can claim gratuity after so many years. What is the time bar for claiming the gratuity?
From India, Nellore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Rkn61
Hr Manager
Vmlakshminarayanan
Sr.manager - Hr&admin
+1 Other

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rkn61
563

"The Payment of Gratuity Act does not prescribe any limitation to claim gratuity. Payment of gratuity is not a bounty to the employee by the employer. It is the right of an employee to claim gratuity. The employer can not delay in disbursement of gratuity. The amount should be disbursed without delay. It is duty of the employer to pay gratuity within stipulated period. In case, employee fails to claim, it is the duty of the employer, to calculate give notice in writing to the person to whom the gratuity is payable and also to the controlling authority (and deposit the same with the Controlling Authority). Starting point for payment of gratuity will be from the time when the employer disputes the liability. The employer cannot resist the claim of payment of Gratuity on the ground of limitation. No claim for gratuity shall be invalid merely because the claimant failed to present his application within the specified period ( If any). The rule leaves no manner of doubt that the Legislature intended that the claim or application for gratuity by an employee should not be defeated on technical consideration"
From India, Aizawl
vmlakshminarayanan
385

Hi

The Payment of Gratuity Act does not prescribe any limitation to claim gratuity. Payment of gratuity is not a bounty to the employee by the employer. It is the right of an employee to claim gratuity. The employer can not delay in disbursement of gratuity. The amount should be disbursed without delay. It is duty of the employer to pay gratuity within stipulated period. In case, employee fails to claim, it is the duty of the employer, to calculate give notice in writing to the person to whom the gratuity is payable and also to the controlling authority (and deposit the same with the Controlling Authority).


The employer is liable to pay the amount of gratuity within thirty days from the date it becomes payable to the person to Whom the gratuity is payable under Sub-section (3) of Section 7 of the Act and if the amount of gratuity payable is not paid by the employer within the period of thirty days, he is required to pay 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 provided under Sub-section (3-A).

Since the employee had made representation and request for Gratuity through email you are liable to pay the Gratuity.

From India, Madras
Madhu.T.K
3769

It is a failure on the part of the employer. The employer is expected to pay the gratuity within 30 days of the employee leaving the organisation. It applies even if the employee has not demanded gratuity. That means it is the responsibility of the employer to find out the employee and pay him whatever is due to him by way of gratuity. Delayed payment will attract interest. It can even lead to penalty and imprisonment. Therefore, please do not dispute on it but pay it as early as possible.
From India, Kannur
Abhinn sharma
First of all its a duty of employer to pay gratuity amount to the employee within 30 days and these days start when he left the organisation if company not pay gratuity amount than he can be file a case in labour department if once a case will reach on labour court than employer will pay gratuity amount with interest and fine of 1000 re on daily basis or may be 3 month jail so please close the case as soon as possible
From India, Fatehabad

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