How Can I Claim My Gratuity After 13 Years of Service When My Employer Refuses?

I have worked with a private limited company from Oct 2002 to Aug 2015. I want my final clearance from the company, such as the remaining bonus and my gratuity amount. However, my employer does not want to provide me with the gratuity amount. My last drawn salary was Rs 32,000. Please advise me on what steps I can take to seek justice.

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You are entitled to gratuity since you have served more than 5 years, as you mentioned. First, submit a written request to your employer to release the gratuity. Kindly attach FORM - I with your application and clear your No Dues from the department as soon as possible.

For the bonus, you are not entitled due to exceeding the coverage limit, which is ₹21,000 per month, and your salary is above that, i.e., ₹32,000 per month.

If your employer still does not release the gratuity after the submission of Form I and the 30-day waiting period, you should proceed to the DLC Office with your grievances and also claim interest.

Kind regards, [Your Name]

Yes, you are eligible for gratuity because you have been working there for more than five years. However, you are not eligible for a bonus due to your salary range. If the company decides to give you a bonus, that would be a good thing.

You are eligible for gratuity for 13 years of service. Gratuity amount = Basic + DA / 26 days x 15 x 13 (number of years). After cessation of employment, send Form I within 30 days to your employer. If the employer does not pay you gratuity, you can place your demand before the Controlling Authority under the Payment of Gratuity Act through FORM N.

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