Can I Claim Gratuity After 4 Years and 10 Months? Seeking Advice on Next Steps

Dear CiteHR, I need your help regarding the gratuity payment issue. I worked in an organization from 12th October 2010 till 8th September 2015, i.e., for 4 years, 10 months, and 26 days. When I left the company in my Full and Final settlement, my company's HR refused to pay my gratuity amount, saying that I did not complete 5 years. So, I couldn't say anything. However, in my current organization, one of my colleagues got his gratuity amount cleared even after working for 4 years and 8 months, though he approached the Labour Commissioner to get his dues cleared from the company. I was in the permanent role of my company from 12th October 2010 to 8th September 2015.

Please suggest what are my chances of getting the gratuity amount cleared and how should I approach my previous company's HR to receive the amount in the appropriate manner?

Thank you.

Certainly, you are entitled to gratuity from your ex-employer as you completed more than 240 days of service in the fifth year. You may file a claim before the Controlling Authority under the Act for the area against the ex-employer for gratuity with interest. Consult your friend about the modalities he followed.

Please guide me on whom I should address at my previous organization when filing my application as per Form A of the Gratuity Act. Should I address it to the H.O.D. (HR), the factory head, or simply to the name of the establishment?

Regards, fitkhan

You can apply to the head of the unit with a copy to HR, with notice to pay within seven days. In case the employer doesn't respond, you can file a claim before the Controlling Officer of the locality where your previous employer is located and send a copy to them.

Please emphasize the legal provision that the employer has to pay gratuity within one month of the termination of service, and there is no requirement for the employee to apply for it. Therefore, there is no delay on your part to apply for it.