Facing Gratuity Issues After Maternity Leave: Can I File a Complaint Against My Employer?

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.

Steps to Obtain Gratuity

In order to get gratuity, you have to apply using Form I. If they refuse to pay it, they are supposed to communicate this in Form M. If they do not reply to your application for gratuity, or if they refuse to pay it citing some reasons, you can proceed with legal action by filing a complaint before the Controlling Authority under the Payment of Gratuity Act. This complaint should be in Form N. If your company is based in Tamil Nadu only, then an officer of the state labour department, i.e., Deputy Labour Commissioner, will be the controlling authority. If your company has branches in other states, then you have to approach the Assistant Labour Commissioner (Central) with the complaint.

Conditions for Forfeiture of Gratuity

Coming to the facts of the case, unless the gratuity is forfeited by an order after conducting a domestic inquiry, the employee's gratuity cannot be refused. Forfeiture should also be for very specific reasons, like causing damage or loss to the company by a violent act or moral turpitude. Leaving the organization without serving the notice period is not a reason for which gratuity can be forfeited. Moreover, if you were working without any supervisory or managerial role, then the notice period mentioned in the letter of appointment has no legality.

Gratuity Payment and Complaint Process

Form M is sent by the employer and not by the employee. If the gratuity is not paid, you should submit Form N to the Controlling Authority. Before that, you should submit Form I to the employer. The same is attached.