Struggling to Get Gratuity from Ex-Employer: What Should I Do Next?

Hi, I worked with my ex-employer for 4 years and 9 months (June 2005 till March 2010), but my company, except for saying that they are looking into it, is not responding (HR division) with any concrete answer. Please advise on next steps. Regards,

You cannot claim the gratuity amount from your ex-employer because you have not served 5 years of service in that organization. Don't think that 240 days of work equal one year. In the case of gratuity, you have to continue service for 5 years or more.

Eligibility for Gratuity Claim

You worked with your ex-employer for 4 years and 9 months (from June 2005 to March 2010), and you wish to claim gratuity for this period.

In this context, please note that an employee is entitled to gratuity if they serve the company for a minimum period of 5 years. However, an employee who has worked for more than 240 days in the fifth year will also be entitled to gratuity. Refer to the Madras High Court ruling in Mettur Beardsell Ltd. vs. Regional Labour Commissioner decided on 12.06.1996 for further information. If you have completed 240 days of service in the fifth year of employment, then you are eligible for gratuity.

If you require any further clarification, please feel free to reach out.

Best regards.

If your company refuses or is unwilling to pay the gratuity due to you, then you can file an application before the Controlling Authority under the Payment of Gratuity Act. The Controlling Authority before whom you could file the petition depends on the state in which your company is located and also on whether your company has branches in more than one state.

Regards

I worked with your ex-employer for 4 years and 10 months (from September 2001 to August 2006). From September 2001 to September 2003, I was in the training period. The company also deducted PF from my salary during this period. In September 2003, I was confirmed in the company. However, the company is refusing or unwilling to pay the gratuity due. Please help in this regard.

Thank you.

I worked with your ex-employer for 4 years and 10 months (from September 2001 to August 2006). During the period from September 2001 to September 2003, I was in the training period. The company also deducted the PF from my salary during this time. In September 2003, I was confirmed in the company. However, the company is refusing or unwilling to pay the gratuity that is due. Please help me in this regard.

Thank you.