How do I file a complaint if the employer refuses to pay gratuity?

I worked with a Mumbai-based construction company for 7 years, and I resigned in Oct. 2016. Till now, I have not received my PF, gratuity, and other dues. After much persuasion and multiple requests, I have not received any positive response from the company.

My query is, could you please provide me with any hints on how to take necessary action regarding this matter?

Dear Amit,

You can approach the controlling authority and file your complaint if you have complete documentation of continuous working for more than 5 years under the same employer. Also, for PF, you can approach the PF office and file your claim request. Nowadays, if your Aadhar is linked with your PF account, then you need not take any authorization from your employer for withdrawal.

Hi Amit,

You mentioned that you worked for 7 years in a construction company. Generally, construction companies recruit workmen on a contractual or project basis. You haven't specified whether you were a workman or regular staff. Have you received any final settlement project-wise? If yes, you cannot claim continuity in employment.

Please elaborate on your post properly, including your designation, date of joining (DOJ), date of leaving (DOL), whether you have an appointment letter, and if there were any long gaps in your services due to project completion.

Regards,
Suresh

Mr. Amit,

Please mention the details of service, i.e., if it is seasonal or project-based, it should be included in the appointment letter. In such cases, gratuity is not entitled. If your service is permanent and on a regular basis, with continuous service without any breaks including leave taken, then you are entitled to receive a gratuity amount.

Amit,

As discussed earlier, if you are entitled to receive gratuity from your employer, but the employer is unable to pay intentionally, you can approach the controlling authority, i.e., the Asst. Labour Commissioner of the specified area of the Labour Department. He has the authority to order the payment of gratuity.

Dear Sir,
As you have asked about my details, I was a regular staff (permanent employee) in the company. I had joined the company on contract but later the company made me a permanent member and I have an appointment letter for the same. My joining post was supervisor and later after my increments I was on a post of Assistant Officer. My joining project location was Delhi and all the projects I was involved were in Delhi only. I had provided a notice before my resignation a month ago from my resigning. From past 10 months, I’m contacting the concerned officer of the company via mails regarding my PF, salary and gratuity which are pending. Even PF of 2 years from my salary was deducted by the company and later I came to know that it was not submitted in the PF office. I request you to please guide me the way to solve my problem and provide me the appropriate advice as the head office of the company is in Mumbai and my work place was Delhi, i.e. from my joining till the date I have resigned.

Amit, from your post, it seems that you are hiding information. You were asked to provide details of your date of joining and leaving, appointment letter, salary slip, PF number, and date of PF membership. Your contract period will not make you eligible for gratuity.

Suresh

Dear Amit, you can approach the Assistant Labour Commissioner and submit your complaint in writing with full facts. You will get the PF and Gratuity, provided you have served the notice period as per your appointment letter and handed over all the company property to the authorized person.

Dear All,

I worked with a Hyderabad-based Healthcare IT industry (KPO) company for 8 years and was relieved on the 31st of March '19. Until now, I have not received my Gratuity (My last Basic is 17,800), and I got a relieving letter for this period. HR said they would credit my gratuity directly to my account after a month, but it has not happened. Now, two months have passed, and there has been no response to emails, calls, or messages from HR. Therefore, I suspect they are trying to refuse my gratuity. As for PF, I have completed my EKYC (UAN) with no issues.

Finally, I have decided to pursue legal action. Please advise me on how to file a case against the employer. My query is simply to provide me with any hints on taking the necessary action in this situation.

Regards,
Pratap Reddy

Same question repeated in three topics. Please refer to your other post where I have answered your query.