Gratuity Withheld Due to Absconding: Is This Fair and What Can I Do?

Dear All, Does anyone know the gratuity rule? My last company did not pay my gratuity amount because I absconded. They mentioned the reason for withholding the amount is nearly 1.16L. Additionally, they deducted one month's notice period salary from the gratuity amount. They also sent a full and final settlement letter but did not make the payment.

Hi, Gratuity amount cannot be adjusted against notice period pay either partially or fully. Also, the employer should pay the gratuity amount within thirty days from the date it becomes payable to the person to whom the gratuity is payable. As an employee, your uninformed absence from duty is wrong. However, the employer cannot justify holding gratuity for that reason.

An employer is bound to offer a gratuity payment. If you are eligible for a gratuity payment, then your employer cannot withhold it, and you are entitled to receive the gratuity payment within a month.

Penalty Provisions in the Payment of Gratuity Act 1972
In Section 9 of the Payment of Gratuity Act 1972, some penalty provisions are also available. If there are any challenges or problems, you can communicate with the District Labour Enforcement Officer or Deputy Labour Commissioner for assistance.

Nothing to worry!