Gratuity Denied After 12 Years: How Should I Handle This with My Company?

Gratuity Settlement Issue: Seeking Guidance

I have been working with a media company for the last 12 years and am currently serving my notice period. At the time of my resignation, I had requested to settle my salary dues, gratuity, and PF. My resignation was accepted, and the HR/accounts department was advised to do the needful. However, now my HR informs me that the management is not giving me gratuity, as they have not been following this practice and have no provisions for the same. The management has categorically said NO but is not committing the same in writing. The company is registered in Delhi but is operating from Noida. Please let me know which labor office I should approach, Noida or Delhi?

Please advise on what steps I should take.

Regards,
Shivani

Please make a complaint to the Controlling Authority under the Gratuity Act, which has jurisdiction over your previous employer. His decision holds statutory value.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

Has your full and final settlement been completed? Have you received the salary for the last month? Have you obtained the service cum experience certificate? Have you acquired the "No Due Certificate"? First, obtain all these certificates.

Have you worked for 12 continuous years? Was there any break in between? Were you terminated, or was your separation under normal circumstances?

No employer can refuse to pay the Payment of Gratuity to the employee. You are eligible under the provisions of the Payment of Gratuity Act. I recommend you go through this act. I have provided a hyperlink. Go through paragraph 10. Approach the labor office in your area. Talk to them. Show them the correspondence that you have had with your employer. They may ask you to submit "Form N" (a copy of this form is provided in the act).

Do not worry. If you have worked for 12 continuous years, you will receive justice. It may take some time. The only thing you need to do is to take up the cudgels and fight.

The problem in India is that there is no website that exposes "bad employers". For bad employees, people are rushing to create such websites. Additionally, Mr. Vijay Mallya has become the benchmark. If he can get away without paying salaries to the employees, then other employers may think that asking for gratuity is like asking for icing when others are fighting for the cake!

By the way, if you have received all the dues and service certificate, then you may disclose the name of the employer. What is wrong with that? With so many scams being exposed in the press, if you simply mention the name from your side, what harm is there in that?

Regards,
DVD

Just send a Registered Notice to the employer where you have to claim your gratuity. After waiting for 15 days, you should send another notice to settle your claim for gratuity within 15 days. After the expiry of this period, you have to engage an Advocate who can file a case in the labour court. Please note that gratuity is payable irrespective of the establishment earning profit or loss. The amount should be calculated as: Basic Salary/26*30/2*Number of years actually worked. More than 6 months will be accounted as a full year.

Regards,
Raj.

Steps to Claim Gratuity

First, send them the demand notice by registered post with a copy to the Controlling Authority under the Gratuity Act in the Government Labor Office in the area where you are working. Also, send a copy to the Head Office in Delhi.

If you have completed 12 years continuously, then they must pay gratuity within 30 days from the last date, regardless of whether they are practicing or not. It is a statutory payment. You must have the relieving letter.

Don't worry; you will receive it with interest if paid after 30 days.