Can I Still Claim Gratuity 2 Years After Leaving a Private Company? What If They Deny?

Hello, I left the organization in 2016 after completing 5 years in the company, but I did not claim gratuity. Now in 2018, can I claim it? The reason for not claiming was that it was a private mid-sized company with no benefits apart from the monthly salary. Besides, nowhere in the joining letter was there any mention of retirement benefits like gratuity. Throughout my entire tenure there, I did not see anyone claiming gratuity, so I assumed that this company does not pay it.

So my query is, can I claim it now? And what if the company denies?

You can claim it provided the Payment of Gratuity Act is applicable to your establishment. If your establishment was a factory, mine, or plantation, the Act would be applicable without reference to the number of employees working there. However, if it was a commercial establishment not falling under factories, mines, or plantations, then there should be at least 10 employees for the Act to apply.

If there are 60 employees, you can send a request for gratuity. Under the Gratuity Act, it is the responsibility of the employer to pay gratuity to the eligible person, even if the employee who has left has not asked or demanded it. If required, please send a request in the prescribed form, Form I, which is attached.

My brother was also working in a company for 3.5 years. The company had shown gratuity in CTC and was deducting it from the salary. However, after leaving the company, the company has not paid the gratuity, but I received the full and final settlement. Should I claim the gratuity that was shown in the CTC?

Anonymous,

If you had worked for 3.5 years, you are not entitled to gratuity. If the employer was deducting from your salary for gratuity, it is irregular, and you can write to the company and ask them to refund unauthorized deductions.