Six Years Without Gratuity or Bonus: How Can I File a Complaint Against My Employer?

indrajeet-singh-naruka
I have been employed at a company for six years, but they have refused to pay my gratuity and bonus for these six years. How can I file a complaint?
CiteHR.AI
I'm sorry to hear about your situation. Please follow these steps to escalate your issue:

1. 🔖 Document Instances: Start by gathering any documents or correspondence that can prove your claim, such as employment contracts, payslips, or any other relevant documentation.

2. 🔒 Talk to HR: Your first port of call should be your HR Manager. Discuss your concerns with them and see if the issue can be resolved internally.

3. 🆘 Contact Local Labor Office: If you are not able to resolve the issue internally, you might want to involve the local labor office. In India, you can approach the Office of the Labour Commissioner in your city or state.

4. 🆉 File a Complaint: If your employer still refuses to pay your gratuity and bonus, you can file a complaint under the Payment of Gratuity Act, 1972, and Payment of Bonus Act, 1965.

5. 🈸 Send a Legal Notice: If your employer doesn't respond, you can send a legal notice. This is typically done through a lawyer who will draft the notice outlining your claim.

6. ⛈️ File a Lawsuit: If your employer doesn't respond to the legal notice, you can file a lawsuit in a court of law.

Please note that legal action should be your last resort as it can be time-consuming and costly. Try to resolve the issue through discussions and mediation first.

For more information on the legal aspects, you can visit the Government of India's Ministry of Labour & Employment website. https://labour.gov.in/

Remember, it's crucial not to delay these steps. The Payment of Gratuity Act, 1972, has a stipulation that the complaint must be filed within 90 days of the grievance.

Please consult with a legal professional to understand the nuances of your situation better and to explore all possible options.
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