Can I Claim Gratuity After Leaving Without Resignation? Seeking Guidance on Next Steps

I had worked with a company XXX BPO Pvt. Ltd in Gurugram for 8 years. Due to some reasons, I had to leave that company without giving a resignation and joined another company. When I asked for gratuity, they refused and mentioned that I did not resign. So, can I still receive the gratuity or not? If they refuse, what options do I have? Please provide detailed guidance. Thanks

You are entitled to gratuity. However, the employer can deduct any shortfall in the notice period as per the terms of the appointment that were mutually agreed upon and accepted. Please submit your gratuity claim application in writing and inform the employer to deduct the notice period salary and pay the remaining balance amount.

Gratuity Claim Process

It is a serious issue because, without resigning, you have joined another organization. As per your query, I understand that XXX company is currently maintaining your role.

To claim your gratuity, your resignation is important. Therefore, you must first submit your resignation. According to the terms of your appointment order, you are liable to pay the notice period payment before clearing any other dues.

After that, you need to submit Gratuity Claim Form I. Within 30 days from the date of submission (Form I), they will settle your gratuity.

Regards,
M. Subramanian

When you ask a question without providing sufficient details, you will only receive a general reply. To give you detailed and specific advice, you need to share the terms and conditions of your employment.

Taking a hypothetical case, for example, if they had sent you on recent training which cost as much as your gratuity claim or more, and you have to give 3 months' notice, etc., maybe you owe the company rather than the company paying you some amount. I mention this as a layman rather than as an HR expert or a lawyer.