Gratuity Claim After Signing F&F Papers: Can I Still Pursue It Legally?

Gratuity Claim After Signing F&F Papers

I have been going through a problem, and I am sure that you all would be able to guide me on the further course of action. To begin with, I have more than 25 years of experience in the manufacturing field, and my last job was with a Pvt. Ltd. company for a period of 4 years and 8 months. After 5 months, they have not made my final settlement and not calculated gratuity in that. Can I claim my gratuity now through the legal process even though I have signed the F&F papers?

Regards,
Neeraj

Yes, you can stake a claim for gratuity from the employer, as well as any other dues payable to you. You may write to them. If the answer is not affirmative, you may address the claim to the Controlling Authority under the Payment of Gratuity Act 1972 (i.e., the local Labor Officer) and follow up with him. He has the legal authority to ensure the gratuity is paid to you.

Actually, at the moment, the act only specifies five years of continuous service. There is no elaboration on whether less than five years can get rounded off to five. They can deny you gratuity on the basis of that. Now, this 6 months and 8 months get counted as one year for the time spent after the five years of service.