Hi ! Can anybody guide me How to recover my due Gatuity payment from my previous employer. I left the company in the year 2005 with proper releasing letter. KPC
From India, Calcutta
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How many years did you work there? you are eligible to withdraw the money after 4 yrs and 8 mths of working with company.They are supposed to put it in your full and final settlement.
From India, Lucknow
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Dear Bani,

I think you must finish 5 years first. Then only you are eligible for getting the gratuity amount. After 5 years, every 6 months will be counted as one year.

Your statement of "you are eligible to withdraw the money after 4 years and 8 months of working with the company" may not be correct.

Regards,
Moses Alps
9442637009

From India, Madras
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If you have rendered 5 years of continuous service under the previous employer, the employer is legally bound to pay your gratuity within 30 days from the date it becomes payable to you, under Sec. 4 of the Payment of Gratuity Act, 1972. If the gratuity amount has not been paid to you, you can claim simple interest at 10% per annum over your gratuity amount from your previous employer. Please take the following actions immediately:

1. Send your claim for the gratuity amount payable to you in Form-I by Registered Post to your previous employer, as prescribed under Rule 7 of the Payment of Gratuity (Central) Rules, 1972. You should have submitted such a claim to your previous employer within 30 days from the date of your leaving that establishment. Mention the reasonable cause of your delay in submission of such claim in Form-I.

2. If the employer does not issue a notice to you in Form-L indicating the amount of gratuity payable to you and the date of payment of such gratuity as required under Rule 8 of the P.G. (Central) Rules, 1972 within 30 days of receipt of your claim in Form-I, apply to the concerned Controlling Officer appointed by the Appropriate Government under the P.G. Act, 1972, and Rules made thereunder in Form-N by Registered Post as required under Rule 10 of the P.G. Rules, 1972. Generally, an officer of the rank of Assistant Labour Commissioner is appointed by the concerned State Government to act as such a Controlling Officer.

3. Contact the concerned Controlling Officer personally immediately and submit one copy of your claim in Form-N.

SK Hota

Email: hota_saroj06@yahoo.co.in

From India, Calcutta
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Hi..you are eligible for gratuity after 240 days of the 5th yr of working with the company. That works out to 4yrs and 8 mths. Please refer to the gratuity act for more details.
From India, Lucknow
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Hello Bani 154,

As per the Act, the gratuity is eligible to an employee who completes 5 years of continuous service. If an employee completes 5 years and 6 months, then his gratuity is calculated as 6 years. An employee is not paid gratuity for 4 years and 8 months. Gratuity is paid after 30 days of the relieving date of the employee. The employee has to draft an application for the gratuity. The employer is bound to pay gratuity on or before the completion of 30 days.

Regards, Nimish Joshi 09969526325

From India, Mumbai
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