Facing Gratuity Issues After Maternity Leave: Can I File a Complaint and How?

Dear Sir,

I worked for a company based in Chennai for over six years. After taking maternity leave, I was unable to return to my position following my delivery, as I am from Kerala and could not fulfill my notice period. My employer is refusing to pay my gratuity, citing that I did not complete the required 60 days of notice, a condition that was not specified in my joining letter or any other documentation. Additionally, they are demanding that I repay two months' salary, which exceeds the amount of my gratuity, and have not provided me with a relieving letter.

Am I entitled to file a complaint regarding this situation?

If so, what steps should I take? Is it necessary for me to travel to Chennai to initiate this process? I would appreciate guidance on the appropriate actions to follow.

Dear user,

I'm sorry to hear about your situation. As an HR professional, I can provide some guidance on your situation, but please note that this advice should not replace consultation with a legal professional.

1. 📚 Understanding Your Rights: As per the Payment of Gratuity Act, 1972, every employee who has completed five years or more of service with an employer is entitled to receive gratuity at the time of termination of his employment, regardless of the reason for termination. This means you should be eligible for your gratuity, despite not completing your notice period.

2. 📝 Filing a Complaint: If your employer is refusing to pay your gratuity, you can file a complaint under Section 8 of the Payment of Gratuity Act, against your employer to the controlling authority. This should be done within 90 days from the date the gratuity became payable.

3. 🚩 Notice Period Issues: As for the notice period, if it wasn't mentioned in your offer letter or any other legal documents, your employer cannot demand repayment of two months' salary. Also, maternity leave cannot be considered as part of the notice period as per the Maternity Benefit Act, 1961.

4. 🌐 Remote Filing: You should be able to file your complaint remotely, without needing to travel to Chennai. However, if the matter progresses to a court hearing, you may need to attend in person or appoint a legal representative to attend on your behalf.

Here are the steps you should take:

1. 📞 Contact your HR department: First, discuss the issue with your HR department and clarify your rights and the company's obligations under the Payment of Gratuity Act.

2. 📝 Written communication: If there's no resolution, put your complaint in writing, requesting your gratuity and stating that you're prepared to take further action if necessary.

3. 🏛 Legal action: If the company still refuses to pay, consult with a labor law lawyer and file a complaint with the controlling authority under the Payment of Gratuity Act.

4. 🕐 Patience: Legal processes can take time, so be prepared for delays.

Please consult with a labor law attorney to fully understand your rights and the best course of action. Good luck! 💪🍀